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CONSTITUTIONAL  PROHIBITION. 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 
Duke  University  Libraries 


https  ;//archive.org/details/constitutionalam01fost 


Constitutional  Amendment 

N' 

MANUAL. 


CONTAINING  ARGUMENT,  APPEAL,  PETITIONS,  FORMS 
OF  CONSTITUTION,  CATECHISM  AND  GENERAL 
DIRECTIONS  FOR  ORGANIZED  WORK 


FOR 


CONSTITUTIONAL  PROHIBITION, 


J.  ELLEN  FOSTER, 


Superintendent  of  Department  of  Legislation  of  the 
Christian  Temperance  Union. 


k 


’Oman's  National 


“Statesmanship  consists  rather  in  removing  the  causes  than  in  punishing  or  evading 
results.” — James  A.  Garfield. 


NEW  YORK: 

National  Temperance  Society  and  Publication  House, 

58  READE  STREET. 


1882. 


COPYRIGHT,  1882,  BY 

The  National  Temperance  Society  and  Publication  House. 


Edward  O.  Jenkins, 

Printer  and  Stereotyper, 

20  North  Williafft  Street^  New  Vorh. 


To  my  dear  husband,  at  whose  suggestion  and  earnest  entreaty 
I begun  my  work  in  the  study  and  practice  of  the  law,  07i  the  pub- 
lic platforiJi  a7td  hi  association  with  the  Wo7nan's  Christian 
Te77tpera7ice  Unio7i,  a7id  whose  hearty  co-operatio7i  aiid  approval 
have  been  a consta7it  source  of  e7icourage77ient  aiid  support ; a7id 
to  my  beloved  so7is.  Will,  and  E7nory,  who,  to  the  77teasure  of  their 
opportunity,  have  shared  the  work,  with  its  privations  a7id  its 
joys ; to  these  three,  who  77ii7iister  at  our  blessed  ho7ne  altar,  do  I 
dedicate  these  desires  of  77iy  heart,  these  thoughts  of  77iy  brain,  with 
the  prayer  that  always,  as  now,  their  shibboleth  7nay  be  for  God, 
and  Ho7ne,  and  Native  Land. 


V 


INTRODUCTION. 


I DESIRE  to  render  what  assistance  is  in  my  power 
to  temperance  workers  in  the  various  States,  who 
desire  to  join  the  movement  for  Constitutional  Pro- 
hibition, with  enforcing  statutes  in  both  State  and 
Nation.  1 sincerely  believe  this  to  be  the  work  ol 
this  day  and  age.  I thank  God  that  He  has  given 
me  life  in  this  glorious  time,  to  work  while  the  days 
last  in  my  purpose.  To  help  you,  kind  friend,  to 
work,  is  the  object  of  this  little  pamphlet. 

Yours  sincerely, 

J.  Ellen  Foster, 

Clinton,  It^jua. 


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Constitutional  Prohibition. 


The  movement  for  Constitutional  Prohibition,  so 
general  at  this  time  throughout  the  entire  country, 
winning  as  it  does  the  approbation  of  philanthropists 
and  the  co-operation  of  Christians,  also  demands  the 
calm  study  of  all  temperance  workers.  Those  who 
lead  in  so  glorious  a struggle  must  understand  fully 
the  magnitude  of  the  evil  fought,  its  entrenchments 
in  appetite  and  avarice,  in  social  custom  and  unright- 
eous law  ; thev  must  see  the  broad  field  of  the  entire 
war  and  understand  the  scope  of  the  present  cam- 
paign. Let  it  never  be  said  of  our  hosts,  “ they  per- 
ished for  lack  of  knowledge.” 

THE  CAUSE  AS  IT  NOW  STANDS. 

Tne  Amendment  Campaign  does  not  discuss  the 
•simple  question  of  total  abstinence.  A 11  temperance  or- 
ganizations— except,  perhaps,  an  occasional  unimpor- 
tant one — stand  upon  this  platform,  but  the  claim  for 
Constitutional  Prohibition  does  not  of  necessity  rest 
upon  a recognition  of  the  necessity  of  total  absti- 
nence. The  proposed  prohibitory  amendments  to 
State  Constitutions  deal  with  the  traffic  in  its  rela- 
tion to  the  individual  and  society.  Temperance 
organizations  deal  with  the  individual  in  his  relation 
to  society  and  the  State.  The  case  then  may  be  en- 
titled. 


10 


Constitutional  Proltibitio7i. 


THE  PEOPLE  versus  THE  LIQUOR  CRIME. 

The  people  claim  that  prohibitory  legislation  is 
necessar}^  to  material  prosperity,  is  sanctioned  by 
political  economy,  is  sustained  by  enlightened  juris- 
prudence, and  is  demanded  by  sound  morality ; and 
further,  they  propose  to  incorporate  the  conclusion 
thus  reached — after  years  of  experience  in  the  study 
and  conflict  of  the  forces  that  go  to  make  up  civil 
society — into  the  Constitution  of  the  State. 

They  consider  this  principle  so  vital  that  the}'' 
desire  to  place  it  beyond  the  tricks  of  politicians,  the 
machinations  of  demagogues  and  the  price  of  hire- 
lings. 

It  is  answered  by  the  defendants,  that  the  principle 
of  prohibitory  legislation  is  opposed  to  personal  lib- 
erty, that  it  is  a removal  of  the  work  of  “ moral 
reform  ” from  the  philanthropist  and  the  Christian  to 
the  politician  "and  the  jailor;  that  it  will  destroy 
large  business  interests,  and  throw  many  men  out  of 
employment,  that  it  will  not  accomplish  the  desired 
end,  but  will,  on  the  contrary,  increase  drunkenness, 
pauperism  and  crime.  It  is  further  claimed,  that  if 
the  principle  of  prohibition  were  in  itself  correct,  it 
ought  not  to  be  of  constitutional  law,  but  of  statutory 
legislation  only. 

In  SUPPORT  OF  THE  PEOPLE’S  CLAIM  we  State, 
that  so  long  as  “ the  love  of  money  is  the  root  of  all 
evil,”  so  long  will  men  argue  that  prohibitory  liquor 
laws  are  opposed  to  the  interests  of  any  community, 
not  that  they  are  so  opposed,  but  because  the  invest- 
ment of  a little  capital  in  manufacturing  and  selling 
brings  such  great  returns,  and  because  the  large  reve- 


Constitutional  Prohibition. 


II 


nue  to  nation  and  State  seem  to  the  careless  observer 
to  be  a real  source  of  wealth.  What  are  the  sources 
of  a nation’s  wealth  ? We  answer.  Land  and  labor. 
Political  economists  may  classify  otherwise ; they 
may  speak  of  agriculture,  trade,  commerce,  of  mines, 
and  fisheries,  of  railroads  and  steamships,  but  these 
all  may  come  under  the  two  broad  divisions  I have 
given,  land  and  labor.  The  land  is  the  gift  of  God— 
our  beautiful  prairies  have  been  filling  up  through 
the  centuries,  each  adding  its  accumulations  to  the 
last.  The  mines,  those  wondrous  pockets  of  the 
earth,  have  been  filled  by  no  accident  of  nature,  but 
are  careful  treasuries  stored  by  the  Father  for  his 
needy  children.  The  trees  in  the  forest,  the  fish  in 
the  sea,  the  cattle  upon  a thousand  hills,  these  but 
wait  man’s  wish,  they  are  his  to  possess.  The  subtle 
forces  of  nature ; steam,  electricity,  light,  sound,  the 
gases  and  the  common  air,  come  and  go  at  call.  It  is 
his  labor  of  hand  or  of  brain  that  yokes  them  to  his 
triumphal  chariot.  Whatever  then  increases  the 
earth’s  richness  or  aids  in  its  development,  whatever 
subjugates  the  forces  of  nature,  whatever  increases 
man’s  power  of  brain  to  think,  his  skill  of  hand  to 
expcute,  his  force  of  muscle  to  endure,  this  is  a 
source  of  wealth.  The  farmer  -who  wins  from  the 
earth  the  golden  harvest,  the  product  of  its  richness, 
the  glory  of  the  sun,  the  freshening  of  the  rain,  and 
his  honest  toil,  he  is  a source  of  wealth,  he  gives  the 
people  food.  The  lumberman  who  fells  the  forest 
tree,  the  miller  who  gives  us  a pile  of  boards,  the 
carpenter  who  builds  a house  by  so  much  as  lumber 
is  better  than  logs,  and  houses  than  lumber,  by  so 
much  do  they  benefit  society.  The  common  laborer 


12 


Constitutional  Prohibition. 


who  plows  in  the  field  or  digs  in  the  mine,  who 
catches  fish  from  the  sea,  adds  to  the  common  welfare, 
and  to  the  common  comfort;  the  tradesman  who 
brings  to  our  door  the  manufactured  article,  of  neces- 
sity or  of  luxury,  these  supply  our  need  and  give  us 
joy.  The  educator,  by  his  study  of  intellectual 
faculties  and  their  training  in  the  world’s  work,  is  a 
source  of  wealth  beyond  compare ; the  minister  of 
God,  who  by  the  promised  joys  of  Heaven  and 
possible  pains  of  Hell,  induces  men  to  lead  upright 
lives ; he  also  increases  the  wealth  of  the  body 
politic. 

Behold  the  world’s  work-shop,  its  actual  and 
possible  sources  of  wealth ! Bringing  the  liquor 
traffic  to  tliis  test,  we  find  that  it  destroys  the  grain 
that  ought  to  be  used  as  food  for  man  or  beast,  and 
lessens  or  wholly  destroys  the  ability  to  labor  with 
hand  or  brain.  Baron  Liebig,  the  German  chemist, 
says : “ There  is  not  as  much  nourishment  in  eight 
quarts  of  Bavarian  beer  as  in  the  barley  that  might 
lie  on  the  point  of  a table-knife.’’  The  International 
Congress  of  ph3^sicians  which  met  in  Philadelphia  in 
the  year  1876,  said,  “ We  find  alcohol  has  no  appre- 
ciable food  value.”  The  essential  value  of  grain  tl^en 
being  its  food  value,  and  this  being  destroyed  b}'  the 
distiller  and  the  brewer,  we  are  justified  in  saying  that 
the  grain  is  destro3’ed  by  the  distiller  and  the 
brewer.  But  it  does  more  than  this,  the  product  of 
this  destruction,  the  manufactured  article,  injures 
man’s  ability  to  labor,  it  actually  weakens  the  mus- 
cles, and  so  deranges  ph^^sical  functions  as  to  impair 
health  and  shorten  human  life.  This  is  true,  not 
only  of  the  drunkard,  but  of  the  moderate  drinker. 


Constitutional  Prohibition. 


13 


Thus  we  conclude  that  the  two  sources  of  a nation’s 
wealth  are  lessened  or  destroyed  by  the  liquor 
traffic,  and  thus  national  prosperity  demands  the  ban- 
ishment of  the  liquor  traffic. 

THE  SANCTION  OF  POLITICAL  ECONOMY. ' 

Having  considered  the  liquor  traffic  in  its  relations 
to  material  prosperity,  we  have  laid  the  foundation 
for  the  sanction  of  political  economy,  for  political 
economy  is  merely  a wise  distribution  of  the  nation’s 
resources.  That  intemperance  is  a most  prolific 
source  of  pauperism,  insanity,  and  crime  need  but  be 
stated.  The  common  observation  of  mankind  and 
the  testimony  of  society’s  official  guardians — the 
courts,  the  penal  and  the  charitable  institutions  of 
the  State-all  agree  in  this.  Does  not  wise  political 
economy  then  as  well  as  Christian  philanthropy  de- 
mand that  the  cause  of  this  wanton  profligacy,  this 
outrageous  waste  of  men  and  money  be  stopped? 
Surely  he  who  denies  this  has  not  studied  even  the 
primer  of  political  economy.  But  what  of  enlight- 
ened jurisprudence,  and  sound  morals?  Have  they 
any  voice  in  this  decision  ? Have  they  any  demands 
or  commands  in  this  contest? 

PHILANTHROPY  AND  REVELATION. 

When  we  consider  the  liquor  crime,  from  a moral 
standpoint,  when  we  try  its  character  and  fruits  by 
the  light  of  philanthropy  or  of  revelation,  its  con- 
demnation is  sure  and  final.  The  destruction  of 
health,  of  happiness,  of  the  home,  of  the  glory  of 
manhood,  the  beauty  of  womanhood,  the  innocence 


14  Constitutioytal  Prohibition. 

of  childhood,  the  blasting  of  individual  character,  the 
blighting  of  society  relationships,  and  the  poisoning 
of  even  the  Church  of  God;  all  this  catalogue  of 
woes  is  set  forth  in  letters  burned  into  the  earth’s 
greenness. 

And  every  voice  unites  in  this  sad  chorus  in  minor 
tone,  “ it’s  wrong,  it’s  wrong.’’ 

That  this  traffic  in  alcoholic  beverages  is  the  source 
and  universal  ally  of  intemperance,  all  persons  must 
admit.  All  the  States  of  the  Union  have  confessed 

THE  NEED  OF  SOME  LEGISLATIVE  REMEDY. 

The  law-making  power  in  all  civilized  countries 
recognizing  this  evil,  has  attempted  a suppression  of 
the  manufacture  and  sale  of  intoxicating  liquors, 
or  has  sought  by  civil  and  criminal  processes  to 
cover  the  injury  wrought  or  punish  for  the  wrong 
done.  These  laws  have  been  termed  license,  local 
option  or  prohibitory  according  as  their  provisions 
have  dealt  with  the  subject.  The  histoiy  of  these 
laws,  their  enactment  and  enforcement  is  a history  of 
the  battle  between  civilization  and  progress  on  the 
one  hand  and  barbarism  and  usurpation  on  the  otheii 

In  the  contest  we  behold  an  oligarchy ; 500,000 
men  engaged  in  the  liquor  traffic  with  their  S3'mpa- 
thizers  and  supporters  arraj^ed  against  all  the  forces, 
individual,  civil,  and  moral  that  make  for  righteous- 
ness. Every  State  in  the  union  in  its  present  legis- 
lation concedes  the  necessity  of  some  legislative 
remedy.  The  only  difference  of  opinion  among  law- 
makers being,  which  is  best  in  principle  and  in  re- 
sults. I said  the  only  difference  of  opinion  among 
“ law-makers,’’  I should  have  said  between  statesmen, 


Constitutional  Prohibition.  1 5 

for  law-makers  are  not  always  statesmen,  and  stat- 
utes are  not  always  subjected  to  the  test  of  right, 
principle  and  beneficial  result,  but  too  often  to  the 
touch-stone  of  political  expediency  and  personal  gain. 
But  all  these  laws  confess  the  need  of  some  legis- 
lative intervention. 

THE  OBJECT  OF  LEGISLATION. 

The  object  of  legislation  against  the  liquor  traffic 
is  twofold.  On  the  side  of  the  individual  making  it 
easy  to  do  right  and  hard  to  do  wrong,  and  on  the 
side  of  societ}'’  warding  off  the  actual  and  possible 
results  of  the  liquor  crime. 

The  primary  object  of  this  legislation  oyi  the  side  ^ 
of  the  individual,  is  to  protect  the  young  from  the 
allurements  of  the  saloon ; such  of  them  as  are  free 
from  an  entailed  appetite,  may  never  know  its  ter- 
rible power ; but  they  who  bear  even  in  infanc}’^  and 
childhood  the  woful  verdict  of  nature’s  violated 
laws,  to  these  it  becomes  doubly  the  duty  of  the  State 
to  present  the  best  possible  social  conditions  for  their 
speedy  relief  and  final  deliverance.  Also,  it  is  the  ^ 
duty  of  the  State  to  remove  temptation  from  the  in- 
ebriate, from  the  man  who  cries  out  “ Who  shall  de- 
liver me  from  the  body  of  this  death,”  who  would 
gladly  abstain  from  the  cause  of  his  ruin,  but  who, 
with  a raging  appetite,  with  an  enfeebled  will,  and 
with  the  tempter  always  at  hand,  is  carried  wildly 
on  to  his  untimely  grave.  iVnd,  too,  the  home,  as 
the  smallest  community  of  individuals,  needs  protec- 
tion. Shall  any  voice  attempt  to  echo  the  desola- 
tions of  the  home  which  are  the  direct  and  indirect 
results  of  this  liquor  crime?  Are  not  our  ears  grown 


1 6 Constitutional  Prohibition. 

deaf  with  the  sad  strains  of  women  worse  than 
widowed,  and  children  more  than  orphaned?  Do 
not  our  hearts  ache  to  breaking  at  the  ever  present 
sight  of  so  much  misery  ? Has  the  State  any  duty 
to  these  ? 

THE  PROTECTION  OF  SOCIETY. 

On  the  side  of  society  there  inheres  in  the  very  ex- 
istence of  the  body  politic  the  right  of  self-protection. 
Even  as  an  individual  may  save  his  own  life  at  the 
risk  of  other  lives,  and  is  protected  by  the  law  in  so 
doing,  so  may  societ}^  protect  itself  from  the  injury 
resultant  upon  the  traffic  in  alcoholic  beverages. 
The  extent  to  which  an  individual  may  go  in  self- 
protection is  determined  by  his  apprehension  of  im- 
minent danger.  Upon  the  trial  of  such  a cause  in  a 
civil  court,  it  is  not  necessary  to  show  that  there 
really  was  imminent  danger  to  life  and  limb,  but  that 
the  individual  thought  there  was  such  danger.  Thus 
with  the  State ; if  the  danger  from  this  liquor  crime 
is  not  great  or  imminent,  the  State  may  endeavor  to 
suppress  or  regulate  the  traffic,  by  a judicious  license 
law,  while  not  attempting  its  entire  overthrow.  But 
if  there  be  imminent  danger  to  the  life  of  the  State, 
then  the  traffic  ought  to  be  wholly  destroyed  which 
can  only  be  done  by 

ENTIRE  LEGAL  PROHIBITION. 

The  same  rule  applies  to  the  State  as  to  the  indi- 
vidual. The  term  “ body  politic  ” is  not  an  idle  phrase 
for  rhetorical  effect.  It  is  truthful  and.  significant. 
That  which  in  the  individual  is  called  the  instinct  of 
self-preservation,  when  considered  as  existing  or  be- 


Constitutional  Prohibition. 


17 


ing  exercised  by  the  State,  is  termed  the  “ police 
power”  of  the  State.  It  is  exercised  in  many  ways 
of  which  quarantine  laws,  sanitary  regulations,  and 
dog  ordinances  are  familiar  illustrations.  The  au- 
thority that  inspects  buildings  as  to  their  mechanical 
and  architectual  safety,  that  smells  about  sewers  and 
condemns  defective  drainage,  that  removes  and  de- 
stroys diseased  meats,  decaying  vegetables,  sour 
berries,  that  same  power  may,  if  it  choose,  condemn 
and  destroy  sour  mash  and  rotten  barley.  The  au- 
thority that  prohibits  the  sale  of  fire-crackers  may 
prohibit  the  sale  of  fire-water.  Prohibitory  legisla- 
tion merely  seeks  to  do  with  intemperance  what 
other  penal  statutes  do  toward  the  evils  with  which 
the}'  deal. 

Human  law  can  never  eradicate  the  sin  of  the 
human  heart,  it  can  never  wholly  cure  the  vices  of 
society,  but  it  can  largely  suppress  crime.  In  the 
language  of  Gladstone,  “ It  can  make  it  hard  to  do 
wrong  and  easy  to  do  right.”  This  is  the  scope  of 
prohibitory  legislation. 

THE  CONSTITUTIONALITY  OF  PROHIBITORY  LAWS. 

The  Supreme  Court  of  the  United  States  is  recog- 
nized authority,  its  decisions  are  final. 

With  surprising  unanimity  has  decision  after  de- 
cision been  given,  ail  assuming  the  constitutionality 
of  the  restrictive  and  prohibitory  laws  of  the  various 
States.  Not  only  so,  but  the  text-books  of  study,  the 
commentaries  on  the  science  of  civil  law,  every  where 
set  forth  this  inherent  State  Right.  The  relation  of 
the  States  to  the  General  Government,  the  constitu- 
tional limitations  of  each,  is  a most  interesting  study 


l8 


Constitutional  Prohibition. 


to  even  summarize  which  would  require  more  time 
than  this  paper  allows.  I content  myself  with  giving' 
the  quotation  from  authorities  which  have  become 
as  familiar  as  nursery  rhymes  to  the  student  of  the 
legal  phases  of  this  question.  They  are  often  quoted 
in  temperance  addresses,  and  are  given  in  all  treatises 
that  claim  to  be  in  any  degree  comprehensive.  Here 
let  me  interpolate  a story  that  is  told  of  a youth  who 
had  begun  the  study  of  law.  After  a few  days  he 
came  to  something  he  did  not  understand,  and  de- 
clared he  did  not  agree  with  Mr.  Blackstone.  That 
was  years  ago,  and  Blackstone’s  judicial  ermine  is 
still  the  pride  of  all  English-speaking  lands.  The 
brewer,  the  saloon-keeper,  the  drinker,  may  talk 
about  an  interference  with  his  personal  liberty,  but 
the  law  utters  its  injunctions  all  unconscious  of  his 
groundless  protest. 

‘ Let  a man,’  says 'Blackstone,  ‘ be  ever  so  abandoned  in  his 
principles,  or  vicious  in  his  practice,  provided  he  keeps  his 
wickedness  to  himself,  and  does  not  offend  against  the  rules  of 
public  decency,  he  is  out  of  reach  of  human  laws.  But  if  he 
makes  his  vices  public,  though  they  be  such  as  seem  principally 
to  affect  himself  (as  drunkenness,  or  the  like),  they  then  be- 
come, by  the  bad  example  they  set,  of  pernicious  effect  to  so- 
ciety ; and,  therefore,  it  is  then  the  business  of  human  laws  to 
correct  them  ’ (I  124). 

“ ‘ The  Government  may,  by  general  regulations,  interdict 
such  uses  of  property  as  would  create  nuisances,  and  become 
dangerous  to  the  lives  or  health,  or  peace,  or  comfort  of  citizens. 
Unwholesome  trades,  slaughter-houses,  operations  offensive  to 
the  senses,  the  deposite  of  powder,  the  building  with  com- 
bustible materials,  and  the  burial  of  the  dead  may  be  inter- 
dicted by  law,  in  the  midst  of  dense  masses  of  population,  on 
the  general  and  rational  principle  that  every  person  ought  to 
use  his  property  as  not  to  injure  his  neighbors,  and  that  private 


Constitutional  Prohibition. 


19 

interest  must  be  made  subservient  to  the  general  interest  of  the 
community’  (2  Kent,  345). 

In  pursuance  of  this  judicial  authority,  and  in  ans- 
wer to  the  demands  of  society,  groaning  under  the 
load  of  evils  resultant  upon  the  manufacture  and  sale 
of  intoxicating  liquors,  the  States  have  passed  pro- 
hibitory and  restrictive  laws;  adjudicated  cases  aris- 
ing under  these  various  laws  are  numerous.  In  the 
fifth  volume  of  “ Howard’s  Reports”  (being  reports 
of  cases  tried  before  the  Supreme  Court  of  the 
United  States),  these  are  grouped  for  convenient 
references,  and  are  called  “license  cases.” 

Hear  this  from  Justice  Grier: 

“ It  is  not  necessary  to  array  the  appalling  statistics  of  misery, 
pauperism,  and  crime  which  have  their  origin  in  the  use  and 
abuse  of  ardent  spirits.  The  police  power  which  is  exclusively 
in  the  State,  incompetent  to  the  correction  of  these  great  evils 
and  all  measures  of  restraint  or  prohibition  necessary  to  effect 
that  purpose,  are  within  the  scope  of  that  authority,  and  if  a 
loss  of  revenue  should  occur  to  the  United  States  from  a dimin- 
ished consumption  of  ardent  spirits  she  will  be  a gainer  a thou- 
sand fold  in  the  health,  wealth,  and  happiness  of  her  people.” 

And  this  from  Chief-Justice  Taney  : 

“ And  if  arty  States  decree  the  retail  and  internal  traffic  in 
ardent  spirits  injurious  to  its  citizens  and  calculated  to  produce 
idleness,  vice,  or  debauchery,  I see  nothing  in  the  Constitution 
of  the  United  States  to  prevent  it  from  regulating  and  restrain- 
ing the  traffic,  or  from  prohibiting  it  altogether,  if  it  thinks 
proper.  Of  the  wisdom  of  this  policy  it  is  not  my  purpose  or 
province  to  speak.  Upon  that  subject  each  State  must  decide 
for  itself.  I speak  only  of  the  restrictions  which  the  Consti- 
tution and  laws  of  the  United  States  have  imposed  upon  the 
States.” 

After  such  legal  authority  and  grave  judicial  opin- 


20 


Constitutional  Prohibition. 


ion,  the  pusillanimous  attempts  of  small  lawyers  and 
ward  politicians  to  attack  prohibitory  legislation  from 
a legal  standpoint,  command  our  pity  and  deserve 
our  contempt.  Both  of  these  sentiments  should,  how- 
ever, be  restrained,  for  we  are  all  weak  somewhere, 
on  some  side,  and  we  must  give  the  charity  we  ask. 

These  opinions  clearly  show  that  there  is  no  force 
in  the  sometimes  intended  reproach,  that  these  tem- 
perance people  are  impracticable,  that  they  may  have 
standing  in  moral  principle,  but  not  in  law,  that  they 
are  well-meaning  people,  but  they  do  not  understand 
all  the  legal  principles  involved.  We  answer,  that 
we  consider  our  standing  in  morals  immovable ; we 
believe  there  are  no  foundations  so  sure  as  those  of 
God’s  expressed  will.  From  this  “strong  tower” 
can  we  make  our  battle,  but  if  our  enemies  call  us 
forth,  if  they  pitch  their  tents  on  the  plains  of  civil 
jurisprudence,  we  will  meet  them  there,  and  on  their 
chosen  field,  and  with  their  selected  weapons,  will  we 
vanquish  them. 

THE  SANCTION  OF  GOD’S  LAW. 

Underneath  the  tower  of  God’s  revealed  will  is  His 
eternal  truth.  This  strong  foundation  underlies 
all  permanent  systems  of  human  jurisprudence,  and 
among  the  rubbish  of  human  laws,  among  the  civil 
instftutions  that  have  asked  a place  in  the  world’s  re- 
cognition, none  have  endured  in  blessings  to  the 
human  race  but  such  as  are  built  upon  this  truth. 

The  announcement  of  Revelation,  “ He  that  sin- 
neth  against  me  wrongeth  his  own  soul,”  “All  they 
that  hate  me  love  death,”  “ The  soul  that  sinneth  it 
shall  die,”  “ Woe  to  him  that  buildeth  a town  with 


Constitutional  Prohibition. 


21 


blood,  that  establisheth  a city  with  iniquity,”  “ Woe  to 
them  that  call  evil  good  and  good  evil,  that  justify 
the  wicked  for  a reward,  and  take  away  the  righteous- 
ness of  the  righteous  from  him.”  These  are  not 
arbitrary  commands,  not  cruel  fiats  of  sovereignty; 
they  are  the  voice  of  infinite  wisdom  and  love,  reveal- 
ing a condition  of  things  pre-existant  and  external. 
This  condition  of  things  the  common  observation 
of  mankind  and  the  voice  of  history  confirm.  How 
heart-breaking  is  the  thought  that  so  many  indi- 
viduals, and  in  so  many  instances  nations  will  try  the 
experiment  of  an  utter  disregard  of  these  truths,  a 
violation  of  these  conditions.  May  we  not  in  some 
sense  understand  the  wail  of  the  royal  Psalmist.  “ My 
people  would  not  hearken  to  my  voice  and  Israel 
would  none  of  me,  so  I gave  them  up  unto  their  own 
hearts’  lusts,  and  they  walked  in  their  own  counsels. 
O that  my  people  had  hearkened  unto  me  and  walked 
in  my  ways;  I should  soon  have  subdued  their  ene- 
mies, and  turned  my  hand  against  their  adversaries.” 
Can  we  not  also  catch  a glimpse  of  the  anguish  of 
the  world’s  Redeemer,  when  He  cried  with  tender 
pathos,  in  which  is  blended  infinite  wisdom  and  un- 
utterable love : “ Father,  forgive  them,  for  they  know 
not  what  they  do.” 

Has  it  seemed  unnecessary  to  support  our  demand 
for  prohibitory  legislation  in  this  new  movement  for 
Constitutional  Prohibition?  A little  consideration 
will  show  that  the  same  principles  are  involved  in 
this  new  movement,  as  in  the  claim  set  up  by  the 
grand  old  prohibitionists  of  more  than  a quarter  of  a 
century  ago.  The  only  new  question  involved  is 
this : 


22 


Constitutional  Prohibition. 


IS  r'^OHIBITION  THE  PROPER  SUBJECT  OF  CONSTITU- 
TIONAL LAW? 

We  answer,  in  simple  language:  Because  this 
is  a government  of  the  people,  by  the  people,  and 
for  the  people,  and  the  Constitution  is  the  expression 
of  their  will  in  government,  and  because  they  desire 
to  do  so. 

Let  us  review  some  of  the  lessons  learned  when 
we  '-('ere  boys  and  girls  at  school.  The  constitution 
of  a State  is  the  agreement  and  arrangement  of  the 
people  in  the  State  as  to  mutual  rights  and  obliga- 
tions, it  is  a setting  forth  of  the  principles  by  which 
they  desire  to  be  governed  and  a division  and  defin- 
ition of  the  functions  of  the  legislative,  the  judicial, 
and  the  executive  departments  of  the  government. 

Our  form  of  government  is  not  a pure  Democracy. 
This  would  be  practically  impossible  in  States  so 
populous  as  are  those  of  the  United  States.  All  the 
people  could  not  meet  together  in  a common  place  to 
consider  common  subjects  of  legislation.  There  is 
no  place  large  enpugh  to  hold  the  people.  They 
could  not  all  be  heard,  even  if  they  should  thus  as- 
semble, and  the  time  and  trouble  of  coming  together 
would  be  very  great.  Further  than  this,  all  the  peo- 
ple do  not  know  about  everything  ; the  details  of  civil 
affairs  and  the  minutiae  of  the  administration  of  gov- 
ernmental principles  are  an  elaborate  stud}'.  All  the 
people  can  not  take  time,  neither  have  they  the  qual- 
ifications requisite  to  do  this.  So  they  say,  “ We  will 
set  forth  in  a document  called  a constitution,  a few 
great  principles  and  a few  regulations,  and  we  will 
elect  certain  men  from  our  number  who  shall  give 


Constittitional  Prohibition. 


23 


the  application  of  these  principles  and  the  finer  de- 
tails of  governmental  affairs  their  closest  study  and 
their  most  careful  attention.  We  will  call  these  men 
our  Senators  and  Representatives,  and  they  shall  go 
every  one  or  two  years  to  the  State  capital,  and  devote 
their  time  and  thoughts  to  this  duty.  There  are 
always  men  ready  to  go  ! They  are  so  self-sacrificing ! 
so  unselfish  ! so  willing  to  devote  themselves  to  the 
public  good.  The  regulations  made  in  detail  by  these 
representatives  of  the  people  are  called  statutes. 
They  are  supposed  to  embody  the  letter  and  spirit  of 
the  Constitution.  Indeed,  no  statute  has  any  right  to 
be,  unless  it  guard  a right  or  give  redress  for  wrong 
either  expressed  or  implied  in  the  Constitution.  The 
constitution  limits  by  its  provisions  the  power  of  the 
Legislature  ; beyond  it  legislators  can  not  go,  within 
its  limitations  their  power  is  absolute.  If  at  any 
time  a Legislature  should  ignorantly  or  viciously  pass 
a statute,  not  in  harmony  with  the  Constitution,  the 
judiciary — a department  of  the  government  created 
and  defined  by  the  Constitution — would  declare  it 
null  and  void,  because  unconstitutional. 

It  is  the  duty  of  the  executive,  from  the  governor 
down  to  the  least  policeman,  to  enforce  the  people’s 
will  thus  expressed  and  elaborated.  How  beautifully 
do  these  functions  of  government  operate  within  the 
limit  of  the  Constitution.  Constitutional  provisions 
are  broad  and  general ; they  are  such  as  may  touch 
all  the  people  of  the  State,  and  such  as  are  deemed 
by  the  people  of  supreme  and  vital  importance  to  the 
State.  They  relate  to  such  subjects  as  the  people 
are  unwilling  to  leave  to  the  uncertain  and  fluctuat- 
ing influences  of  Legislatures  under  the  possible  con- 


24 


Constitutional  Prohibition. 


trol  of  partisan  interests.  Judged  by  this  test  is  not 
the  prohibition  of  the  manufacture  and  sale  of  intox- 
icating liquors  the  proper  subject  of  constitutional 
law  ? Are  not  the  evils  of  intemperance  broad  and 
general,  do  not  they  threaten  all  our  people  every- 
where, is  any  home  safe,  is  an}^  mother’s  boy  out  of 
range  of  the  shot  and  shell  of  the  enemy?  Further, 
is  not  the  material  loss  to  the  State  and  the  violation 
of  every  right  principle  of  political  economy  a suffi- 
cient justification  for  the  most  emphatic  and  perma- 
nent expression  of  the  people’s  will  concerning  the 
traffic  that  thus  endangers  the  home  and  the  State ; 
and  further  yet,  does  not  the  history  of  legislation  in 
State  and  nation  teach  us  that  the  interests  of  tem- 
perance are  not  safe  in  the  hands  of  the  people’s  rep- 
resentatives, but  should  be  guarded  by  the  direct,  the 
most  dignified  and  authoritative  voice  of  the  people 
themselves,  even  in  their  constitutional  law  ? 

CONSTITUTIONAL  LAW  NON-PARTISAN. 

The  existence  of  political  parties  is  conceded  in  a 
popular  government.  The  ostensible  end  of  all  po- 
litical organization  is  to  set  in  motion  such  machinery 
as  shall  secure  the  election  of  such  men  to  offices  of 
public  trust  as  will  carry  on  the  government  accord- 
ing to  the  letter  and  spirit  of  the  Constitution.  The 
differences  of  political  belief  grow  out  of  differing 
interpretations  of  the  spirit  of  the  Constitution.  No 
political  party  dare  set  itself  in  opposition  to  the  Con- 
stitution, and  yet  expect  to  secure  the  support  of  the 
people,  unless  it  claims  that  the  Constitution  does  not 
rightly  give  the  will  of  the  people  and  thus  ought  to 
be  changed  and  set  itself  at  work  to  ask  the  people 


ConstiUltional  Prohibition. 


25 


if  they  do  desire  a change.  But  when  the  people  by 
a constitutional  majority  have  said,  “ This  is  our 
will,”  that  is  the  supreme  law  of  politicians,  and  all 
parties  must  support  the  principle  or  rule  of  action 
thus  laid  down.  Thus  constitutional  prohibition  is 
non-partisan  and  compels  enforcing  legislation.  No 
legislator  need  ever  be  petitioned  to  enforce  the  pro- 
visions of  the  Constitution ; it  is  his  own  sworn  duty 
to  do  it. 

Not  so  with  statutes;  these  are  born  in  his  own 
brain,  in  his  own  understanding  of  the  needs  of  the 
people  under  the  Constitution.  And  if,  the  Constitu- 
tion being  silent  on  the  subject,  he  says  “ I do  not 
believe  a prohibitory  .statute  is  demanded  by  the 
spirit  of  the  Constitution,”  who  shall  dare  say  he  has 
violated  his  oath?  There  is  no  accounting  for  the 
convolutions  of  people’s  brains,  and  since  we  alf  live 
in  glass  houses,  we  had  better  not  throw  stones. 

THE  RELATION  OF  GREAT  CITIES. 

It  must  have  appeared  to  even  the  careless  observer 
of  American  institutions  that  the  greatest  problem  of 
our  political  economy  is  the  government  of  great 
cities  and  their  relation  to  the  entire  body  politic. 
And  in  this  problem,  the  caucus,  the  primary,  and  the 
saloon  are  the  chief  factors.  I might  have  said  the 
saloon  as  inclusive  of  the  caucus  and  the  primary, 
for,  too  often  are  the  early  germs  of  political  society 
grown  in  the  fetid  atmosphere  of  these  malarious 
swamps.  The  criminal  classes  in  our  great  cities 
guzzling  the  slops  drained  from  these  cesspools,  fol- 
low with  eager  rush  the  demagogues  who  carry  the 
buckets.  These  demagogues,  greedy  for  the  spoils 


26 


Constitutional  Prohibition. 


of  office,  elevated  by  such  means  to  positions  of  legis- 
lative power,  will  not,  of  course,  make  laws  repug- 
nant to  the  people  who  “ voted  them  in,”  and  be- 
cause these  low  and  vicious  people,  actuated  by 
stubborn,  stupid  sensuality,  are  so  easily  controlled 
to  secure  their  own  supposed  interests,  and  because 
the  honest  voters  of  the  smaller  towns  and  the  rural 
districts  areso  slow  to  wake  up  to  any  sense  of  indi- 
vidual responsibility,  and  thus  as  good  men  do  not 
combine,  and  bad  men  do  conspire,  the  cities  possess 
a greater  influence  in  politics  than  their  numerical 
strength  demands,  and  our  statute  books  are  often 
disgraced  with  legislation  that  does  not  fairly  repre- 
sent the  sentiment  of  the  great  people.  But  in  a vote 
on  the  Constitution,  no  one  individual  is  voted  in  or 
voted  out.  The  saloon  stands  on  its  own  merits. 
The  question  is  one  of  principles  and  not  of  persons. 
Thus,  with  no  confederates  in  its  interest,  with  no 
collateral  to  fall  back  upon,  its  shameful  abomina- 
tions appearing  in  their  own  hideous  deformity,  the 
system  falls  under  the  condemnation  of  an  enlight- 
ened civilization,-and  must  be  buried  along  with  other 
slain  barbarisms. 

AGITATION  EDUCATES. 

It  can  not  be  doubted  that  the  development  of  a 
sense  of  personal  independence  among  the  citizens  of 
a free  State  may,  and  ought  to  lead  to  a resultant 
sense  of  individual  responsibilitjq  that  it  does  so  tend, 
among  conscientious,  thinking  persons,  is  quite  plain 
to  the  student  of  histor}^  But  it  is  equally  apparent 
that  there  is  a tendency  among  the  masses  of  our 
rushing  populations  of  to-day  to  revel  in  the  supposed 


Constitutional  Prohibition. 


27 


blessings  of  liberty,  and  to  disregard  the  consequent 
responsibility  to  the  established  order  of  civil  society 
known  as  law  ; indeed,  they  regard  law  and  liberty 
as  though  the  case  stood  “ law  versus  liberty.”  This 
is  illustrated  in  the  perversion  of  the  system  of  trial 
by  jury,  a S3^stem  originally  set  up  as  a defense 
against  kingly  power  and  arrogant  tyranny,  but 
which,  under  a popular  form  of  government,  has 
often  seemed  to  serve  best  the  criminal  in  his  escape 
from  the  just  penalties  of  the  law,  and  thus  to  frus- 
trate the  very  ends  sought  by  all  righteous  law.  So 
bewildered  does  the  mind  become  in  this  study  of 
the  tendencies  and  possible  results  of  popular  gov- 
ernments, that  we  sometimes  cry  out,  “Give  us  a 
king  to  reign  over  us  ; ” but  there  echo  down  to  us 
through  the  years  the  words  of  the  prophet,  “ The 
Lord  is  our  Judge,  the  Lord  is  our  Lawgiver,  the 
Lord  is  our  King,  He  will  save  us.”  How  shall  the 
voice  of  the  people  be  the  voice  of  God  unless  the 
whole  people  are  brought  very  often  to  consider 
great  moral  questions  in  their  relation  to  social,  and 
even  commercial  relationships.  In  the  ordinary  round 
of  political  elections,  where  personal  and  party  inter- 
ests are  often  dominant,  and  the  spoils  of  office  follow 
close  upon  political  success,  the  weal  or  woe  of  the 
people  is — to  put  it  mildly — sometimes  so  obscured 
that  the  act  of  sovereignty  affords  little  opportunity 
for  the  exercise  of  that  self-determined  will  that  is  the 
result  of  moral  personality,  which  moral  personality 
is  born  of  God.  Thus  comes  a lowering  in  legal 
standards,  and  consequent  demoralization  in  society. 
How  beautifully  does  the  consideration  of  the  ques- 
tion of  constitutional  prohibition,  by  the  people  of  a 


28 


Constitutional  Prohibition. 


great  commonwealth,  act  as  a conserv’ator  of  this 
moral  personality.  Every  man  votes  directly  for 
himself;  he  can  not  divide  his  responsibility  with  the 
will  or  wisdom  of  his  representative ; neither  is  the 
question  involved  with  others  of  equal  or  lesser  im- 
portance. It  is  not  dimmed  by  the  perspective  of 
expediency,  or  shaded  by  the  veil  of  partisanship.  In 
the  panorama  of  the  nation’s  life,  it  stands  out  bold 
and  strong.  Behind  it  are  the  mounts  of  Sinai  and  of 
the  Beatitudes,  one  ablaze  with  the  “ thou  shalt  ” and 
“ thou  shalt  not,”  the  other  green  and  beautiful  with 
the  words  that  fell  on  listening  multitudes,  “ Blessed, 
blessed, blessed.”  In  the  foreground  are  the  multitude  of 
the  world-groaning  toilers,  honest  laborers,  burdened 
tax-payers,  oppressed  women  and  children,  and  poor 
drunkards,  the  most  of  all  to  be  pitied.  With  such 
a picture  before  the  eyes  of  every  sovereign  voter  of 
the  State,  a picture  framed  in  the  call  for  immediate 
action,  there  can  hardly  fail  to  be  realized  a grander, 
purer  citizenship,  and  thus  a system  of  law  in  har- 
mony with  that  of  the  great  Law-giver,  the  great 
Judge,  the  great  King.  The  movement  for  constitu- 
tional prohibition,  extending  in  the  various  States, 
and  at  last  to  the  organic  law  of  the  United  States, 
shall  mark  a gigantic  stride  toward  the  establishment 
of  that  grand  Theocracy  of  which  the  prophet  spoke. 

CONSTITUTIONAL  TRECEDENTS. 

Let  US  stud}^  the  proposed  prohibitory  amendment 
in  the  light  of  existing  provisions  in  State  Constitu- 
tions. 

I have  chosen  to  consider  the  Constitutions  ol 
Massachusetts  and  of  Iowa ; they  are  at  this  time 


Constitutional  Prohibition. 


29 


more  convenient  of  reference,  and,  too,  I may  be  par- 
doned if  I indulge  a personal  preference  for  the  State  in 
which  I was  born,  and  for  that  one  which  is  my  adopt- 
ed home.  It  is  sometimes  argued  that  this  is  a moral 
question,  and  thus  has  no  place  in  the  Constitution  ; 
but  these  States  both  recognize  God  as  the  supreme 
ruler  of  the  universe,  and  the  dependence  of  the 
State  upon  Him.  They  sing  their  grand  Te  Deura 
before  they  begin  their  Gloria  Patria.  Again,  that 
we  seek  to  overturn  long-established  usages  of  society, 
and  to  put  the  opinions  of  fanatics  into  constitutional 
law.  To  which  we  reply,  Yes,  that  is  just  what  we 
have  started  out  to  do,  and,  God  helping  us,  we  will 
never  cease  our  efforts  till  all  long-established  usages 
that  are  contrary  to  the  eternal  principles  of  right  are 
overturned,  or  till,  as  the  Psalmist  has  it  “ the  way  ol 
the  wicked  is  turned  upside  down.”  The  “ Bill  of 
Rights  ” of  every  State  is  a catalogue  of  “ overturned 
usages,’  it  is  a cemetery  where  stand  marble  monu- 
ments over  the  graves  of  buried  wrongs,  and  these 
graves  were  dug  by  fanatics.  Do  you  see  this  com- 
pany ? Look  as  I call  their  names  : “ All  men  are  by 
nature  free  and  equal.”  Who  dug  that  grave  ? The 
plebeians  of  Rome,  the  Switzers  of  the  mountain, 
Joan  of  Arc,  the  Maid  of  Orleans — the  barons  on  the 
meadow  at  Runny  Mede — the  pilgrims  on  the  stormy 
sea  and  on  the  rock-bound  coast ; yes,  every  man, 
evenwhere  feeling  in  his  breast  his  divine  origin  and 
his  eternal  destiny,  and  to  whose  ear  has  come  the 
sound  of  these  words  of  the  Son  of  God,  “ All  ye  are 
brethren”;  these  all  have  helped  to  dig  the  grave, 
but  to  America  was  left  the  sacred  task  of  setting  up 
the  stone,  and  engraving  the  tablet : again,  “ Govern- 


30 


Constitutional  Prohibition. 


ment  is  instituted  for  the  common  good,  for  the  pro- 
tection, safety,  prosperity,  and  happiness  of  the  peo- 
ple, and  not  for  the  profit,  honor,  or  private  interest 
of  any  one  man,  family,  or  class  of  men.  Therefore, 
the  people  alone  have  an  incontestable,  unalienable, 
and  indefeisable  right  to  institute  government,  and 
to  reform,  alter,  or  totally  change  the  same,  when 
their  protection,  safety,  prosperity,  and  happiness  re- 
quire it.”  This  grand  sentiment  uttered  b}^  the  de- 
scendants of  the  men  of  Lexington  and  Bunker  Hill 
is  familiar  to  every  schoolboy  to-day.  It  was  once  a 
wild  fanaticism,  indeed  quite  a fanaticism  among 
the  despotisms  of  the  old  world  now.  Ask  Alexander 
III.  of  Russia,  who  sat  so  long  a prisoner  in  his  cas- 
tle, who,  though  the  autocrat  of  all  the  Ru-ssias, 
dared  not  go  to  Moscow  for  his  coronation,  lest  his 
triumphal  chariot  prove  his  catafalque — ask  Eng- 
land, who  mourns  in  shame  the  defeat  of  its  rule  in 
Ireland,  and  in  grief  sits  at  the  tomb  of  its  assassi- 
nated representatives,  the  wisdom  of  its  proud  states- 
men anxious  but  unable  to  deal  out  justice  with  a 
certain  hand— ask  Plymouth  Rock — ask  all  these— 
if  it  would  not  have  been  better  if  the  crowned  heads 
of  earth  had  sooner  learned  this  fanaticism,  that 
whether  acknowledged  or  not,  all  political  power 
does  inhere  in  the  people,  and  they  have  the  right  to 
alter  and  reform  the  government  when  the  public 
good  demands  it.  This  movement  for  constitutional 
prohibition  is  in  harmony  with  this  very  truth.  The 
people  consider  the  public  good  demands  that  the 
government  be  altered  and  reformed.  So  3'ou  see 
our  constitutional  amendment  is  quite  constitu- 
tional. Again : 


Constitutional  Prohibition. 


31 


DUELLING. 

“ Any  citizen  of  this  State  who  may  hereafter  be 
engaged  either  directly  or  indirectly  in  a duel,  either 
as  principal  or  accessory  before  the  fact,  shall  forever 
be  disqualified  from  holding  any  office  under  the 
Constitution  and  laws  of  the  State.” 

A while  ago  I saw  the  old  duelling  ground  just 
outside  the  City  of  Washington,  where  Members  of 
Congress  used  to  go  and  square  off  at  one  another, 
for  real  or  supposed  wrong.  I remember  the  illus- 
trious men  that  had  fought  duels  there,  and  also  that 
Henry  Clay,  that  proudest  of  American  statesmen, 
once  fought  a duel.  If  he  lived  in  Iowa  to-day  he 
could  not  be  constable,  so  says  our  Constitution. 

Again : 

LIBERTY  OF  SPEECH  AND  PRESS. 

Rise,  brave  of  every  time  who  have  dared  to  write 
and  speak  for  wronged  humanity.  Here  lie  your 
foes ! 

TRIAL  BY  JURY. 

Remember  the  Magna  Charter,  King  John,  and 
Runnymede. 

IMPRISONMENT  FOR  DEBT. 

“No  person  shall  be  imprisoned  for  debt  in  any 
civil  action  or  final  process  unless  in  case  of  fraud.” 

The  hardships  of  the  old  system  are  known  to  every 
student  of  law.  Whittier  describes  the  old  man  dy- 
ing behind  prison  bars,  and  asks,  what  evil  hath  he 
done?  The  answer  comes,  “ God  made  the  old  man 
poor.”  But  not  now  can  such  outrages  be  com- 
mitted. So  also  with 


32 


Constitutional  ProJiibitio7i. 


AFRICAN  SLAVERY, 

a crime  in  which  both  North  and  South  were  partners. 
The  South  raised  the  cotton  and  the  North  bought  it. 
The  plantations  and  the  factories  together  wrought 
the  fruit  of  that  which  grew  in  tears  and  blood  ! But 
now  behold  the  change,  and  these  are  the  words 
upon  the  stone  that  marks  the  grave  where  lie  the 
manacles  and  whips  and  chains  of  years  ago : “ There 
shall  be  no  slavery  in  this  State,  nor  shall  there  be  in- 
voluntary servitude,  unless  for  punishment  of  crime.” 

How  did  it  come  ? Through  the  agitation  of  fa- 
natics, and  the  legislation  of  enthusiasts,  and  the  bat- 
tles of  warriors,  and  graves  of  boys  in  blue  and  boys 
in  gray,  and  the  proclamation  of  Lincoln,  the  emanci- 
pator! And  after  all  these,  then  what?  Then  this 
crystal  of  truth  was  set  in  the  frame-work  of  both 
State  and  National  constitutional  law.  Don’t  3-ou 
see  how  Constitutions  grow  ? The  history"  of  our 
civilization  is  written  in  our  Constitutions. 

And  now  we  approach  the  matter  directly  before 
us.  The  temperance  reform  has  been  under  wa}"  in 
this  country  for  three-quarters  of  a century.  It  has 
passed  many  stages.  Various  remedies  have  been 
applied — moderation,  total  abstinence  inculcated  by 
Father  Mathew  and  the  Washingtonian  methods.  Sons 
of  Temperance,  Good  Templars,  Woman’s  Christian 
Temperance  Union,  reform  clubs,  and  man^^  other 
organizations.  We  have  tried  license  laws,  local  op- 
tion laws,  tax  laws,  and  prohibitory  laws — and  now, 
what?  The  people,  educated  b}'  the  successes  and 
the  failures  of  the  past — confident  of  the  righteous- 
ness of  that  decision,  and  conscious  that  this  oppor- 
tunity gives  tremendous  responsibility,  shall  bury 


Constitutional  Prohibition. 


33 


beyond  hope  of  resurrection  the  liquor  criminal,  and 
set  up  over  the  grave  a stone  bearing  this  inscrip- 
tion: “Here  lies  the  alcoholic  liquor  traffic.” 

Let  us  not  fear  the  stigma  of  fanaticism.  Every 
generation  builds  monuments  over  the  graves  of  the 
fanatics  of  the  last.  There  are  names,  now  cast  out 
as  odious  and  laughed  at  as  synonyms  of  foolish 
enthusiasm,  that  shall  shine  in  letters  of  light  on  the 
pages  of  history  when  the  names  of  their  scoffers 
shall  be  buried  in  the  mud-colors  of  dead  oblivion. 
God  save  the  State  ! 

An  argument  for  State  constitutional  prohibition 
would  be  incomplete  without  a setting  forth  of 

THE  RELATION  OF  THE  GENERAL  GOVERNMENT  TO 
THE  LIQUOR  CRIME, 

and  the  needed  reformation  there.  It  must  always 
be  remembered  that  ours  is  a dual  form  of  govern- 
ment, that  the  States  were  first;  the  General  Gov- 
ernment is  their  creature.  They  possess  original 
sovereignty — the  General  Government  only  derives 
powers.  The  object  of  this  dualism  is  set  forth  in 
the  Preamble  to  the  Federal  Constitution : 

“ We,  the  people  of  the  United  States,  in  order  to  form 
a more  perfect  union,  establish  jtistice,  insure  domestic 
tranquillity , provide  for  the  common  defense,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity,  do  ordain  a7id  establish  this  Con- 
stitution of  the  United  States  of  A^nerical'' 

The  traffic  in  alcoholic  beverages  breeds  disunion, 
overthrows  justice,  creates  domestic  strife,  weakens 
the  common  defense,  and  fastens  the  chain  of  an  ig- 
noble slavery  upon  ourselves  and  our  posterity.  It 


34 


Constitutional  Prohibition. 


will  thus  be  seen  that  this  liquor  criminal  is  a greater 
foe  to  national  prosperity,  as  set  forth  in  these  im- 
mortal words,  than  was  British  tyranny  or  African 
slavery.  These  touched  society  as  a whole;  they 
bore  down  upon  its  material  prosperity  and  circum- 
scribed its  possible  development ; they  fastened  fet- 
ters upon  the  bodies  of  men  and  women  for  no  other 
crimes  than  the  color  of  the  skin  and  texture  of  the 
hair.  Intemperance  destroys  the  body,  poisons  the 
blood,  rots  the  tissues,  weakens  the  muscle,  un- 
steadies the  nerve,  frenzies  the  brain,  enervates 
intellectual  vigor,  dims  mental  vision,  dulls  spiritual 
sense,  dethrones  the  will,  and  sears  the  conscience. 
It  makes  of  the  citizen  an  alien, yof  the  freeman  a 
slave,  and  intemperance  is  the  fruit  of  the  liquor  traf- 
fic. It  always  bears  this  fruit.  In  this  vale  of  tears,  in 
this  swamp  of  desolation,  in  this  place  of  death,  there 
are  no  barren  years.  Is  the  liquor  traffic  in  harmony 
with  the  spirit  of  the  Constitution? 

To  state  the  question  is  to  answer  it.  And  to  do 
violence  to  the  spirit  of  the  organic  law  of  the  nation 
is  to  divide  a house  against  itself.  The  stud}^  of  State 
and  national  powers,  and  the  limitations  of  each  is 
most  interesting.  A merely  cursory  view  will  serve 
our  present  purpose.  Except  in  the  exercise  of  such 
derived  powers  as  the  States  surrendered  to  the  gen- 
eral government  for  the  purposes  set  forth  as  above, 
the  .States  are  within  themselves  as  absolutely  sov- 
ereign as  the  independent  nations  of  Europe,  and 
yet  so  proximate  geographical!)',  so  similar  as  to 
race  and  religion,  so  one  in  common  economies,  so 
bound  together  by  iron  thoroughfares,  and  electri- 
fied with  the  same  great  throbs  of  the  world’s  work, 


Constitutional  Prohibition. 


35 


that  a common  spirit  must  pervade  them  all.  The 
Constitutions  and  Statutes  of  the  States  differ  widely, 
but  the  spirit  of  these  Constitutions  and  these  Stat- 
utes must  be  the  same.  So  also  the  spirit  of  the 
legislation  of  the  General  Government,  must  be  in 
harmony  with  the  spirit  of  State  legislation.  Among 
the  derived  powers  of  the  General  Government 
which  are  enumerated  in  the  Constitution,  is  the 
right  “ to  lay  and  collect  taxes,  duties,  imports,  and 
excises,  to  pay  the  debts  and  provide  for  the  common 
defense.”  Under  this  power,  Congress,  has  passed 

INTERNAL  REVENUE  LAWS, 

the  theory  of  such  legislation  being  that  such  taxation 
upon  the  thing  was  milder  in  its  operation  and  more 
general  in  the  burden  borne,  than  a direct  tax  upon 
the  citizen  would  be.  These  internal  revenue  laws 
have  been  and  still  are  the  subject  of  much  contro- 
versy among  political  economists ; the  subject  of 
their  constitutionality  and  general  expediency  is  not 
called  in  question  here,  neither  the  abstract  question 
as  to  the  loss  to  the  State  and  to  the  nation  from  the 
traffic  as  far  outweighing  any  revenue  from  it,  either 
by  way  of  tax  or  license.  I simply  desire  to  show 
what  the  nation  now  does,  what  it  might  do,  and 
what  ought  to  be  done. 

Congress  by  its  revenue  laws  does  not  empower 
the  manufacturer  or  dealer  in  alcoholic  beverages  to 
carry  on  his  work,  it  does  not  say,  “ If  you  pay  a 
certain  sum  to  the  Government  as  revenue,  you  may 
do  a certain  thing.”  It  says,  “ If  the  State  allows 
you  to  engage  in  this  business,  you  must  pay  a cer- 
tain sum  as  revenue."  Thus  the  manufacturer  or 


36 


Constitutional  Prohibition. 


dealer  pays  the  sum  required,  and  receives  his  special 
tax  receipt  (sometimes  improperly  called  United 
States  License).  This  tax  receipt  does  not  protect 
him  from  State  law  ; it  is  as  any  other  receipt,  his 
protection  against  a second  assessment  for  the  same 
time  and  thing.  Thus  any  State  can  deal  as  it  chooses 
with  the  traffic,  without  any  reference  to  the  regula- 
tions of  the  General  Government. 

In  legal  phrase-  'the  commercial  power  of  the  Gen- 
eral Government  must  yield  to  the  police  power  of 
the  State,  and  this  is  always  true  in  all  conflicts  of 
laws.  Is  it  claimed  that  with  limits  so  definitely 
drawn,  there  need  be  no  conflict  between  national 
and  State  laws  ? 

We  answer,  there  need  be  none  as  to  the  letter,  for 
Supreme  Court  decisions  have  dispelled  every  mist 
of  interpretation,  but  the  spirit  of  a law,  of  a con- 
tract is  sometimes  outraged  while  the  letter  remains 
inviolate.  Let  us  see  ! In  every  State  in  the  Union 
this  traffic  in  alcoholic  beverages  is  under  bonds  to 
keep  the  peace ; in  some  of  the  States  it  is  outlawed, 
but  everywhere,  wherever  the  criminal  hides,  in 
every  place  where  he  seeks  to  carry  on  a piratical 
cruise  in  the  peaceful  harbors  of  our  quiet  homes, 
there  the  officers  of  the  General  Government  wait 
to  divide  with  him  the  spoils  of  prey.  Maine  lor 
years  has  stood  strong  and  grand  as  her  pines,  she 
has  fought  this  outlaw  step  by  step,  and  among  her 
chief  obstacles  has  been  the  recognition  of  the  traffic 
by  the  United  States  Government.  Kansas  and 
Iowa,  whose  liberty-loving  citizens  have  brought  in 
a verdict  of  banishment  to  the  criminal,  these  States 
find 


Constitutional  Prohibition. 


37 


“THE  GENERAL  GOVERNMENT  PARTICEPS  CRIMINIS 
THROUGH  HER  APPOINTED  REPRESENTATIVES.” 

Is  this  right?  Is  not  our  house  divided  against  it- 
self? Is  not  the  spirit  of  harmony  in  our  govern- 
mental dualism  wofully  violated  ? 

We  sing : 

“The  Union  forever, 

Hurrah,  boys,  hurrah,” 

but  “ by  their  fruits  ye  shall  know  them.”  Such  a 
system  of  laws  tends  to  disintegration,  and  not  to 
Union.  We  said  in  the  old  slavery  days,  the  nation 
can  not  live  half  free  and  half  slave,  and  do  not  the 
graves  of  boys  in  blue  and  boys  in  grey  bear  mourn- 
ful testimony?  Neither  can  a nation  live  half  drunk 
and  half  sober,  neither  can  peace  in  the  nation  be  the 
fruit  of  conflict  of  laws. 

What  remedy  do  I propose  ? 

THE  REPEAL  OF  ALL  REVENUE  LAWS  TOUCHING 
THE  TRAFFIC. 

What ! Let  the  accursed  traffic  go  free,  unburdened 
of  a tax?  Yes,  I would.  The  levying  of  a tax 
gives  the  traffic  dignity,  it  classes  it  with  the  indus- 
tries of  the  nation,  when,  in  fact,  it  is  a pirate  preying 
upon  every  industry.  A member  of  the  National 
Distillers’  Association  said  in  Washington  last  winter, 
we  would  like  the  tax  lowered,  we  do  not  desire  it 
removed,  it  gives  us  a “legal  status.”  Oh,  yes,  and 
that  “ legal  status  ” is  just  what,  God  helping  us,  we 
will  destroy.  Is  it  not  the  price  of  blood  ? Have  we 
not  heard  the  woe  of  Revelation  upon  him  “ that 
buildeth  a town  with  blood,  that  establisheth  a city 
with  iniquity  ? ” 


38 


ConstitJitional  Prohibitioti. 


Let  it  be  noticed  here  that  the  spirit  of  a tax-law 
and  the  spirit  of  a license-law  are  not  the  same  spirit. 
The  practical  effect  is  very  much  the  same. 

A license-law  says — in  spirit — the  evil  of  intem- 
perance is  abroad  in  the  State,  it  is  the  direct  result 
of  the  traffic  in  alcoholic  beverages.  In  order  to  re- 
strict the  sale  of  these  beverages  and  thus  lessen  the 
evil,  he  will  oblige  the  dealer  to  put  himself  under 
certain  limitations,  he  must  be  a man  of  “good  moral 
character,”  (what  of  the  standard  of  those  not  thus 
certified  to  ?)  he  must  not  sell  on  certain  days  and  to 
certain  persons,  he  must  conform  the  furnishing  of  his 
apartments  to  certain  rules  and  regulations,  he  must 
pay  annually  a certain  sum  of  money  into  the  State 
Treasury,  and  be  responsible  for  the  payment  of  suf- 
ficient damages  should  any  evil  results  come  of  his 
business.  All  these  restrictions  and  limitations 
brand  his  business  as  disreputable,  the}'  do  not  make 
it  respectable,  as  is  sometimes  claimed.  But  a tax- 
law  has  no  conscience  in  it.  It  says  with  no  refer- 
ence to  the  resultant  evil,  “ If  you  sell,  you  must 
pay,  and  the  more  you  sell  the  better  for  the  public 
treasurv,  for  thus  the  greater  will  the  revenue  be.” 
In  dye-stuff  there  is  sometimes  a shading  in  blacks; 
on  this  theory  a tax-law  is  a little  blacker  black  than 
a license-law. 

Congress  also  has  exclusive  legislative  control  in 
the  District  of  Columbia;  and  the  city  of  Washing-' 
ton  has  to-day  saloons  on  every  hand,  and  under  the 
dome  of  the  capitol  are  alcoholic  beverages  sold. 
And  this  is  the  very  summit  of  our  nation’s  great- 
ness, and  those  who  authorize  it  are  our  chiefest 
men.  Why  must  the  glory  of  this  free  age  be  tar- 


Constitutional  Prohibition. 


39 


nished  with  the  barbarism  of  the  last?  Thank  God, 
the  shining-  light  reveals  the  dust,  and,  seeing  it,  we 
know  the  sun  shines  ! The  men  who  to-day  serve 
the  nation  at  her  capitol,  are  such  as  any  country  on 
earth  might  be  proud  of,  and  they  must  in  respect 
for  their  own  manhood,  cleanse  this  temple  of  our 
liberties  from  the  buyers  and  the  sellers^  of  liquid 
poison.  In  the  territories  also  does  this  traffic  exist, 
and  away  off  in  the  West,  where  the  timbers  of  a 
new  civilization  are  being  laid,  are  found  the  rotten 
planks  of  this  barbarism  ; but  of  these  we  have  great 
hope.  Dakota,  already  knocking  for  admission  as  a 
State,  has  declared  in  favor  of  prohibition  in  her  Con- 
stitution. All  hail  to  the  State  pure  and  clean  from 
its  birth  ! 

To  sum  up  the  whole  matter  of  the  relation  of  the 
General  Government  to  the  traffic  Congress  is  deeply 
implicated.  It  might  repeal  all  revenue  laws  con- 
cerning the  traffic,  it  might  banish  it  from  the  Dis- 
trict of  Columbia  and  the  Territories,  it  might  ap- 
point the 

COMMISSION  OF  INQUIRY 

into  the  Alcoholic  Liquor  Traffic,  so  long  asked  for 
by  the  National  Temperance  Society,  and  then  with 
its  hands  clean  from  any  taking  of  bribes,  and  the 
States  meanwhile  having  more  effectually  battled 
with  the  traffic  within  their  borders,  they  would  have 
so  destroyed  their  common  enemy  in  so  many  of  his 
strongholds,  that  weakened  and  dispirited  and  driven 
into  the  last  ditch  of  resistance,  three-quarters  of  the 
States  concurring  with  the  Constitution  of  the  United 
States,  might  be  amended,  forever  prohibiting  the 
importation,  manufacture,  and  sale  of  alcoholic  bev- 


40 


Constitutional  Prohibition. 


erages  in  any  spot  over  which  the  flag  floats,  and 
thus  the  voice  of  the  people  being  the  voice  of  God, 
our  redeemed  land  shall  rejoice  in  the  fulfilled  promise, 
“ Righteousness  exalteth  a nation.”  Does  not  the 
heart  swell  at  the  thought?  O flag  of  my  country,- 
worthy  then  to  wrap  the  foot  of  the  blessed  Cross  of 
Jesus  ! 

“ Ring,  bells  in  unreared  steeples. 

The  joy  of  unborn  peoples  ; 

Shout,  trumpets  far  off  blown. 

Your  triumph  is  my  own.” 

But  sta}’’ ; how  long  must  the  blight  continue? 
Does  the  tired  worker  cry  out,  “ When  shall  all  these 
things  be,’’  and  what  shall  be  the  sign  when  all 
these  things  shall  be  fulfilled  ? The  Hon.  Henry  W. 
Blair,  Senator  from  New  Hampshire,  in  his  great 
speech  delivered  at  Washington,  December,  1876,  has 
set  the  alarm  for  a.d.  1900,  even  the  morn  of  a new 
century.  What  a grand  conception,  and  do  you  not 
see  the  signs  of  its  coming?  Education,  agitation,  leg- 
islation, the  thunders  of  Sinai,  and  the  pleadings  of 
Calvary,  statesmen  thinking,  politicians  trembling, 
saloons  tottering,  children  singing,  women  praying! 
These  are  the  signs,  and  the  day  shall  surely  come. 

“ I feel  the  world  move  sunward, 

I join  the  great  march  onward. 

And  take  by  faith  while  living 
My  freehold  of  thanksgiving.” 

“ He  that  is  first  in  his  own  cause  seemeth  just,  but 
his  neiofhbor  cometh  and  searcheth  him.” 

Having  set  forth  our  claim  for  constitutional  prohi- 
bition, we  wait  for  the 


Constitutional  Prohibition. 


41 


defendant’s  answer. 

His  objections  must  be  considered,  and  conscien- 
tiously answered. 

. It  is  claimed  that  the  whole  temperance  question 
is  one  of  morals,  and  thus  ought  never  to  be  “ taken 
into  politics.”  The  question  of  personal  temperance 
surely  is  one  of  morals,  for  it  is  a Christian  grace, 
ranked  by  the  apostle  with  “ love,  joy,  meekness,”  but 
prohibitory  laws  do  not  deal  with  the  drinker,  they 
attack  the  seller;  the  State  does  not  protect  a man 
from  hhnself,  it  protects  him  from  his  neighbor.  The 
law  seeks  to  make  it  hard  for  him  to  do  wrong  and 
easy  to  do  right.  It  does  not  compel  him  to  do 
right ; it  can  not  do  that.  But  the  law  protects  so- 
ciety from  the  man  who,  resisting  the  appeals  of  phi- 
lanthropy and  the  warnings  of  Christianity,  will  pur- 
sue his  own  wicked  gain  and  selhsh  pleasure  to  the 
discomfort  and  loss  of  society.  The  legal  prohibi- 
tion of  the  liquor  traffic  is  a political  question,  made 
such  by  those  engaged  in  the  traffic,  who  claim  pro- 
tection from  the  law.  It  must  be  met  on  the  ground 
of  th^r  own  choosing,  which  is  clearly  in  the  domain 
of  politics.  Again,  and  closely  allied  to'  ‘this,  is  the 
pusillanimous  wail.  It  is  an  invasion  of  personal  liberty. 
The  very  idea  of  government  implies  certain  limita- 
tions and  restrictions.  The  end  of  government  being 
“ protection  ” in  its  broadest  sense,  it  im.plies  the  per- 
fect elaboration  of  the  golden  rule,  being  the  greatest 
good  to  the  greatest  number.  It  being  clearly  shown 
that  the  liquor  traffic  is  the  source  of  a large  propor- 
tion of  the  crimes  of  society,  and  these  crimes  being 
trespasses  upon  rights,  which  rights  it  is  the  very 
business  of  the  law  to  protect,  it  follows  that  the 


42 


Constitutional  Prohibition. 


liquor  traffic  must  be  put  away,  even  at  the  risk  of 
some  personal  inconvenience  to  the  drinker.  The 
greatest  good  to  the  greatest  number  demands  it. 
As  well  might  the  murderer,  with  gleaming  knife  or 
deadly  poison,  cry  liberty  ! as  these  murderers  by 
slower  torture  to  claim  protection  from  our  beautiful 
goddess ; not  thus  have  we  learned  the  meaning  of 
her  charmed  name. 

Again,  it  is  claimed  it  will 

“ IMPOVERISH  THE  STATE  ” 

by  a withdrawal  of  the  revenue  from  license  and 
taxation.  This  is  a penny-wise  and  pound-fool- 
ish objection,  and  needs  but  this  answer : The  income 
from  these  sources  does  not  equal  the  outgo,  caused 
by  the  pauperism,  insanity,  and  crime  which  are  the 
direct  result  of  the  traffic. 

Again,  that  there  are  large  numbers  of  men  en- 
gaged in  the  business  who  will  be 

“ THROWN  OUT  OF  EMPLOYMENT,” 
and  that  they  have  families  dependent  upon  them  for 
support.  Yes,  we  know  there  are  about  five  l^undred 
thousand  men  in  the  business  in  the  countr3L  The 
population  of  the  countr}^  is  over  fifty  millions,  and 
this  500,000  is  a very  small  oligarchy  to  demand  that 
their  interests  shall  be  guarded  at  the  expense  of 
all  the  woe  and  anguish  attendant  upon  their  busi- 
ness. If  they  were  good  citizens,  if  their  business 
were  an  honorable  one,  it  would  be  jealously  guarded 
by  the  exercise  of  ever}'  governmental  power;  even 
as  it  is,  the  individual  rights  of  the  men  in  the  traffic 
are  defended  b)'  the  administration  of  the  courts  and 
the  extreme  exercise  of  executive  prerogatives.  But 


Constitutiojial  Prohibition. 


43 


to  claim  that  because  of  individual  inconvenience  or 
even  suffering  to  these  500,000  and  their  dependents, 
the  greater  number  of  sufferers  by  the  traffic — many 
of  them  innocent  victims— must  endure  on  and  find 
no  protection,  this  plea  can  have  no  standing  in  any 
court  of  equity.  It  would  be  ludicrous,  if  the  subject 
were  not  so  sadly  solemn.  The  greatest  good  to  the 
greatest  number  demands  that  these  500,000  shall 
be  thrown  out  of  employment,  that  their  many  vic- 
tims may  again  be  in  employment,  and  their  wives 
and  children  given  food  and  raiment  and  shelter. 
Not  only  this,  but  the  increased  demand  for  food,  the 
comforts  and  even  luxuries  of  life  would  soon  in- 
crease the  demand  for  every  grade  of  labor  from 
that  of  the  coarse  laborer  to  that  of  the  skilled  arti- 
san. Then  would  there  be  no  cry  of  over-produc- 
tion, or  any  fear  of  the  competition  of  cheap  labor. 
There  is  no  stronger  claim  from  any  standpoint  of 
materialities  than  this  one  in  behalf  of  labor. 

Again : 

The 

“ PRICE  OF  GRAIN  WILL  BE  LOWERED  ” 

by  shutting  off  the  demand  of  the  distiller  and  the 
brewer.  The  amount  of  grain  thus  used,  though 
great  when  considered  as  so  much  breadstuff  worse 
than  wasted,  is  yet  very  small  as  compared  with  the 
entire  yield  of  the  country.  The  State  of  Iowa  alone 
could  supply  all  the  liquor-manufacturing  interests  of 
the  country,  and  not  use  one-tenth  of  its  average 
crop.  The  price  of  grain  is  controlled  by  the  crop  ot 
the  world,  as  shown  in  the  prices-current  of  her  great 
markets.  Actual  statistics  show  that  the  rise  and 
fall  of  these  prices  are  not  controlled  by  the  still  and 


44 


Constitutional  Prohibition. 


the  vat.  But  if  it  were  so,  the  increased  demand  for 
other  of  the  farmers’  produce  would  more  than  com- 
pensate him  for  his  supposed  loss  in  the  price  of  corn 
and  barley.  When  men  do  not  drink  so  much  beer 
the  women  and  children  will  have  more  bread. 

Again : 

“ IT  WILL  DESTROY  A GREAT  INDUSTRY.” 

The  liquor  traffic  is  not  a great  industry,  it  is  a 
pirate  on  every  other  industry.  Its  labor  is  not  pro- 
ductive labor,  its  union  of  capital  and  labor  does  not 
give  to  the  consumer  a manufactured  article  better 
than  the  raw  material,  it  brings  no  gift  to  the  com- 
mon service  of  mankind,  it  is  a leech  upon  the  body 
politic,  a vampire  with  sable  wing  hovering  above 
every  American  home.  Every  toiling  engine,  every 
groaning  shaft,  every  laboring  beam,  every  turning 
wheel,  every  flaming  forge,  every  flying  shuttle,  joins 
in  the  thundering  chorus, 

IT  IS  NOT  AN  INDUSTRY. 

But  it  is  claimed  that  the  business  has  grown  up 
under  the  guarantees  of  law,  that  if  not  an  industry 
it  has  been  so  regarded  by  the  law,  since  “ taxation 
is  recognition,”  and  now  granting  the  right  of  the 
State  to  abolish  the  traffic,  it  ought  to  compensate 
those  who  will  suffer  an  immediate  loss  in  depreci- 
ated buildings  and  fixtures.  That  a commission 
ought  to  be  appointed  to  estimate  their  loss,  and  to 
give 

INDEMNIFICATION  IN  DAMAGES  ! 

If  these  dealers  have  any  legal  claim  it  must  be  under 
either  the  section  of  the  Constitution  which  declares 


Constitutional  Prohibition. 


45 


that  private  property  shall  not  be  taken  for  public 
use  without  just  compensation  having  been  made, 
or  the  one  which  guarantees  to  every  citizen  protec- 
tion to  life,  liberty,  and  property.  Is  this  taking  pri- 
vate property  for  public  use  ? Let  us  see.  When 
the  railroad  came  to  your  town  you  were  glad,  but 
when  it  cut  through  your  farm  you  were  not  so  well 
pleased,  but  it  was  the  taking  of  your  private  proper- 
ty for  public  use.  The  law  said,  “your  farm  is  a 
little  private  good,  but  it  must  yield  to  the  greater 
public  good,”  and  you  were  paid  for  the  value  of  the 
land.  But  the  law  does  not  say  your  brewery  is  a 
little  private  good,  which  must  yield  to  the  greater 
public  good.  It  says,  and  do  we  not  hear  the  vox 
Dei  in  this  vox  populi?  “ Your  brewery  is  an  evil,  it 
must  get  out  of  the  way,”  and  the  law  never  pays  for 
evils. 

A learned  judge,  in  a case  involving  this  same 
principle,  says:  “ In  the  exercise  of  its  police  power, 
a State  has  full  power  to  prohibit  under  penalties  the 
exercise  of  any  trade  or  employment  which  is  found 
to  be  hazardous  or  injurious  to  its  citizens  and  de- 
structive to  the  best  interests  of  society,  without  pro- 
viding compensation  to  those  upon  who7n  the  prohibition 
operates."  And  again,  in  the  case  of  Presbyterian 
Church  vs.  City  of  New  York,  Corwin,  539,  when 
a deed  to  a certain  piece  of  land  covenanted  that  it 
should  only  be  used  as  a cemetery  and  was  used 
for  that  purpose.  Subsequently  the  city,  by  ordi- 
nance, prohibited  its  being  used  for  that  purpose ; 
held,  that  the  citj^  had  the  right  to  enact  such  an 
ordinance,  although  it  rejidered  the  property  prac- 
tically valueless.  It  was  a wholesome  police  regu- 


46 


Constitutional  Prohibition. 


lation  for  the  public  health.  We  might  illustrate 
at  almost  any  length.  Will  the  owner  of  a choice 
dog,  for  whom  he  has  paid  a great  price,  claim 
of  the  distracted  father  whose  son  has  been  bitten  by 
the  same  dog  gone  mad,  will  he  claim  indemnifica- 
tion in  damages  when  the  dog  is  shot?  Burglars’ 
tools  and  counterfeiters’  dies  come  under  this  rule. 
More  than  this  may  not  equity  set  up,  that  great  as 
would  the  loss  be  to  those  now  engaged  in  the  busi- 
ness of  distilling  and  brewing,  a greater  loss  of 
material  substance  is  all  the  time  falling  upon  the 
victims  of  this  traffic,  and  that  their  loss  ought  to  be 
made  good,  before  the  claim  of  indemnification  can 
be  considered  ; when  every  poor  woman  beggared 
by  the  drunkenness  of  her  husband  has  had  furnished 
her  the  barest,  plainest  home  in  which  to  gather  her 
children,  when  these  children  have  wholesome  food, 
and  decent  clothing,  when  the  long  list  of  losses  to 
the  State  from  the  traffic  has  been  covered,  then  it 
will  be  time  to  consider  how  much  shall  be  paid  this 
presumptuous  pleader. 

Again,  lawyers  and  law-makers  claim  that  even  if 
the  principle  of  prohibition  were  sound,  it  should  not 
be  embodied  in  constitutional  law  ; in  other  words, 
that 

“ POLICE  REGULATIONS  OUGHT  NOT  TO  BE  PUT  INTO 
THE  CONSTITUTION.” 

There  is  no  arbitrary  rule  as  to  what  shall  or  shall 
not  go  into  the  Constitution.  It  is  made  by'  the  peo- 
ple, is  their  expressed  will,  and  they  are  sovereign. 
Any  subject  that  to  them  is  essential,  or  vital  to  the 
welfare  of  the  people,  any  subject  which  they  are  un- 


Constitutional  Prohibition. 


47 


willing  to  leave  to  the  Legislature,  they  put  into  the 
Constitution,  and  there  is  no  limit  to  their  sover- 
eignty. Does  some  one  say,  Does  not  the  United 
States  Constitution  limit  State  legislation  ? Yes,  but 
the  people,  through  their  State  Legislatures,  make 
that  Constitution,  and  so  again  we  are  brought  face  to 
face  with 

THE  SOVEREIGN  PEOPLE. 

The  student  of  governmental  science  must  stand  in 
reverence  before  this  sovereignty,  for  the  exercise 
of  this  power,  fraught  with  such  possible  blessing,  is 
also  capable  of  a tyranny  of  the  most  dreaded  type. 

Thus,  of  however  much  value  to  any  people  any- 
where is  the  temperance  reform,  with  its  beneficent 
aims  and  blessed  accomplishments.  It  becomes  to 
us,  under  this  popular  form  of  government  a vital 
necessity,  for  if  the  people  are  king,  the  people  must 
be  sober,  intelligent,  and  good.  Again,  it  is  urged 
that  the 

“FOREIGN  POPULATION  IS  AGAINST  THIS  REFORM.” 

Not  SO  fast,  friends.  That  is  not  true.  We  know 
the  traditional  love  of  the  Irishman  for  whisky,  the 
German  for  beer,  the  Frenchman  for  wine,  the 
Englishman  for  ale  ; but  wc  know  also  by  sight,  not 
bv  tradition,  that  the  American  drinks  everything,  and 
we  fear  that  the  charge  upon  the  foreign  population 
covers  a like  fact  nearer  home.  We  know  the  traffic 
on  trial  is  very  largely  in  the  hands  of  the  Irish  and 
the  German,  but  we  know  the  customers,  the  con- 
sumers, are  not  confined  to  these  nationalities ; and 
also  that  earnest  temperance  work  is  being  carried 
on  by  and  through  the  Irish  Catholic  Temperance 


48 


Constitutional  Prohibit io7i. 


Societies,  and  that  these  are  arousing  to  the  need  of 
prohibition  by  the  State,  as  well  as  total  abstinence 
for  the  individual.  This  doctrine  was  enunciated 
long  ago  by  that  proudest  Roman  of  them  all. 
Father  Mathew,  and  his  followers  are  beginning  to 
honor  his  memory  by  the  application  of  the  truths 
he  taught.  The  Scandinavians  are  largely  right  on 
this  question.  In  the  late  great  struggle  in  Iowa 
they  stood  strong  for  the  amendment,  over  30,000 
having  voted  for  it.  And  the  ro}^!  Teuton,  he  who 
is  represented  so  often  with  the  mug  and  foaming 
beer,  he  is  waking  to  the  physiological  effects  of  the 
alcohol  in  his  favorite  'beverage,  and  is  joining  our 
temperance  hosts;  over  5,000  Gernia^is  in  lozva  voted 
for  the  amendment.  The  members  of  the  Evangelical 
Church  and  the  German  INI.  E.  Church  were  for  it. 
One  of  the  strongest  press  champions  in  that  State 
was  Mr.  F.  Holfer,  editor  of  the  McGreggor  Neivs. 
He  was  at  one  time  a German  saloon-keeper,  he  is 
now  an  able  Christian  temperance  editor  of  a politi- 
cal newspaper,  and  in  manly  honor  and  Christian 
courage  is  the  peer  of  any  editor  in  the  State.  He  is 
now  writing  and  publishing  much  valuable  literature 
in  popular  form  upon  this  subject.  The  children  of 
the  Germans  sit  side  by  side  with  those  native  born  ; 
they  will  soon  together  study  our  text-books  on  alco- 
hol ; indeed,  already  thev  do  in  some  of  our  schools, 
where,  through  the  efforts  of  the  W.  C.  T.  U.,  they 
have  been  introduced  ; the}'  are  growing  up  under 
tlie  blaze  of  this  “ Gospel  Temperance  Dispensation,” 
and  are  as  sure  to  yield  to  its  influence  as  the  ice  is 
to  melt  before  the  winds  and  the  sunshine  of  early 
spring.  Native-born  American  citizen,  do  not  arro- 


Constitutional  Prohibition. 


49 


gate  to  yourself  all  susceptibility  to  God’s  truth,  as 
written  in  bone  and  muscle,  vein  and  sinew ; all  ap- 
preciation of  wholesome  laws  and  wise  political 
economy,  as  these  are  illustrated  in  prohibitory  legis- 
lation. To  the  Fatherland  we  already  owe  much  ; 
the  pious  heart  swells  with  devotion  at  the  name  of 
Luther,  the  soul  thrills  at  Beethoven’s  songs,  articu- 
late in  sweet  harmonies,  at  Goethe’s  poetry  and 
Schiller’s  dramas.  The  world  may  feed  at  Germany’s 
table  of  science  and  philosophy,  spread  at  Prague, 
at  Vienna,  at  Heidelburg,  and  the  Americanized 
German  shall  yet  be  our  pride,  and  not  our  fear,  for 
the  infusion  into  our  hot  American  life  of  his  cooler, 
calmer  brain  shall  bring  us  a better  type  of  citizen- 
ship. And,  lastly,  a final  argument,  as  though  if 
every  other  objection  had  failed  to  dismay  and  over- 
come, this  surely  would  be  sweeping  and  conclusive : 

“ OH,  WELL,  YOU  CAN’t  ENFORCE  IT.” 

If  this  were  true,  it  would  not  dismay  us,  for  we 
should  then  be  no  worse  off  than  now  on  that  side 
of  the  question,  but  would  have  the  education  of  a 
good  law,  which  is  vastly  an  advantage.  For  all  laws 
are  educational,  and  a good  law  unenforced  is  better 
in  its  educational  influence  than  a bad  law  enforced. 
The  implication  desired  to  be  drawn  by  this  objec- 
tion is  untrue.  It  is  as  though  it  were  said,  “ license 
laws  are  enforced,  prohibitory  are  not  and  can  not 
be.”  We  answer,  license  laws  are  not  enforced  ; not 
a license  law  of  any  of  the  States  but  is  violated 
every  day  in  every  city  where  liquor  is  sold  exten- 
sively. Under  the  provisions  of  the  law  it  is  unlaw- 
ful to  sell  to  minors  and  to  habitual  drunkards,  and 


50 


Constihitional  Prohibition. 


on  the  Sabbath,  and  after  certain  hours  of  night ; 
these  conditions  are  openly  and  constantly  violated, 
and  the  public  conscience  is  thereby  debauched.  If 
the  law  were  prohibitory,  its  education  would  be  in 
the  right  direction. 

A writer  on  civil  government  has  wisely  said,  that  to 
a very  large  portion  of  society  law  is  the  measure  and 
standard  of  commercial  and  social  morality.  The 
legal  standard  of  practical  morality  should,  therefore, 
be  ever  a little  in  advance  of  the  popular  one,  while 
the  basis  of  the  law’s  ethics  should  embrace  the  great 
fundamental  element  of  righteousness.  By  this  means 
the  law  will  itself  be  steadily  advancing  toward  per- 
fection, and  will  bear  with  it  the  hearts  and  charac- 
ters of  the  people. 

But  prohibitory  laws  are  enforced  ! This  fact  is 
clearly  established  by  unimpeachable  testimony.  If 
they  are  not  enforced,  why  such  opposition  on  the 
part  of  the  men  in  the  business  of  liquor  selling? 
Why  are  prohibitory  laws  their  chief  aversion,  if  they 
are  a dead  letter?  These  laws  have  been  on  the 
statute  books  of  several  of  the  States  for  a quarter  of 
a century;  strange  that  the  men  with  instincts  made 
keen  by  financial  interests  should  not  have  discov- 
ered the  stick  and  the  empty  coat  and  hat,  if  pro- 
hibition is  only  a scarecrow.  A sensible  bird  would 
have  learned  sooner.  But  is  it  not  true  of  those  who 
cry  non-enforcement,  that  the  wish  is  father  to  the 
thought?  If  not  so,  if  these  last-named  objectors  are 
honest  in  their  fear  expressed,  I sa}",  shame  on  you 
who  indulge  such  whimpering  cowardice.  I remem- 
ber the  days  of  the  war,  when  the  boj’S  with  whom  I 
had  played  in  childhood  and  studied  in  girlhood. 


Constitutional  Prohibition. 


51 


whom  I knew  only  as  fair  and  g-allant  and  gay,  be- 
came men  full  grown  in  twenty-four  hours  after  the 
fearful  tocsin  sounded.  The  soft  lines  of  boyhood 
settled  into  the  deeper  ones  of  manliood,  their  eyes 
grew  dark  and  deep  and  full  of  soul ; with  white  faces 
they  kissed  us  good-bye  as  they  put  on  the  blue  and 
marched  under  the  bright  new  banners  we  gave  them. 
It  was  the  great  necessity  which  gave  birth  to  hero- 
ism. So  it  has  always  been,  so  it  shall  always  be. 
Thei'e  are  men  walking  up  and  down  our  streets  to- 
day, who  look  very  commonplace,  who  never  boast 
about  their  love  of  country,  but  who,  when  the  time 
shall  come,  will  show  themselves  to  be  the  stuff  they 
make  martyrs  of.  Not  only  is  it  cowardice  to  talk  of 
non-enforcement,  it  is  treason. 

Let  no  man  who  loves  his  country,  thus  give  aid 
and  comfort  to  its  enemies. 

Our  fathers’  God,  to  Thee,  Author  of  liberty. 

To  Thee  we  call. 

Long  may  our  land  be  bright. 

With  freedom’s  holy  light, 

Protect  us  by  Thy  might. 

Great  God  our  King. 


■ / 

SUGGESTIONS,  DIRECTIONS,  AND 
EXPLANATIONS. 

FORMS  OF  PETITIONS  AND  MEMORIALS. 
AMENDMENT  CATECHISM,  &c. 


The  first  requisite  of  successful  |\vork  along  the 
line  of  constitutional  prohibition,  is  a conviction  that 
something  must  be  done  to  stay  the  tide  of  intem- 
perance that  is  sweeping  over  our  beloved  land.  Not 
an  impression  that  something  ought  to  be  attempted 
and  might  be  successful,  but  a conviction  deep  enough 
to  impel  to  action,  and  to  hold  the  individual  to  long 
continued,  steady  endeavor.  This  means  more  than 
the  careless  thinker  will  at  first  suppose.  Let  no  one 
put  his  hand  to  this  plow,  unless  he  have  well  consid- 
ered the  long  furrows  before  him — furrows  that  will 
disturb  his  ease,  his  comfort,  perhaps  his  business 
success,  perhaps  his  political  affiliations  and  aspira- 
tions, but  which  shall  prepare  the  field  for  the  fruit- 
ful seed  and  the  ripe  harvest  of  better  homes  and  a 
purer  state.  Let  the  worker  then  study  the  consti- 
tution of  his  own  State,  the  general  histor}'  of  its 
adoption,  with  its  amendments,  and  the  constitutional 
methods  of  their  adoption.  Let  him  also  become  ac- 
quainted with  existing  legislation  in  the  interests  of 
temperance,  its  effective  and  its  defective  features. 
Statutes  are  made  by  legislators,  and  legislators  are 
(52) 


Coiistitutional  Prohibition. 


S3 


men  with  human  understanding — imperfect,  and  with 
human  hearts  susceptible  to  weakness  and  impurity  ; 
moreover,  statutes  depend  for  their  application  to 
society’s  need,  upon  executive  officers,  and  these  may 
be  insufficient,  or  unwilling,  to  give  them  their  best 
force  and  effect,  because  of  possible  personal  results 
to  themselves.  A good  statute  may  be  powerless  in 
the  hands  of  weak  or  wicked  officials,  and  a weak 
statute  may  be  quite  effective  when  used  by  a strong 
executive. 

Again,  the  trials  of  causes  growing  out  of  our 
liquor  laws,  which  are  given  in  State  Reports  of  Su- 
preme Court  Decisions,  are  very  interesting  to  the 
worker  who  has  access  to  a law  library,  and  who 
cares  to  give  this  phase  of  the  subject  his  study.  It 
is  most  cheering  to  the  tired  worker  who  may  be  dis- 
gusted with  the  pettifogging  of  the  criminal  lawyer 
in  the  police  court,  whose  indignation  and  disgust  at 
the  occasional  or  frequent  holdings  of  these  courts  in 
the  interests  of  the  saloon  even  against  law  and  testi- 
mony, and  the  corruption  ofjuries  by  this  same  saloon 
influence,  to  read  the  opinions  and  decisions  of  judges 
more  removed  from  popular  clamor  and  partisan 
prejudice.  The  elaboration  of  great  principles  and 
their  application  in  specific  instances  revives  one’s 
faith  in  civil  government,  and  in  its  divine  origin,  and 
in  the  final  triumph  of  the  right.  Decisions  which 
are  contrary  to  these  right  principles  drive  the  con- 
scientious citizen  back  upon  that  eternal  vigilance 
which  is  “ the  price  of  liberty.”  Here  let  me  caution 
the  zealous  temperance  worker  to  remember  the 
limits  of  judicial  poxver.  Courts  do  not  make  law. 
They  expound  and  apply.  Blackstone  puts  it  that 


54 


Constitutional  Prohibition. 


they  must  find  the  “ bosom  of  the  legislator.”  A 
judge  can  not  always  hold  according  to  his  own  sense 
of  justice  and  of  abstract  right ; he  must  exercise  this 
sense  of  justice  and  right  within  the  bounds  set  by  the 
statute,  and,  too,  according  to  the  testimony  intro- 
duced in  the  trial  of  the  criminal  or  the  trespasser. 
So  with  juries  ; they  are  subject  to  the  same  limita- 
tions with  the  added  confusion  that  different  minds 
must  all  agree  to  the  same  verdict.  Again,  the  fact 
that  liquor-sellers  have  legal  defense,  that  they  ob- 
tain legal  counsel  is  sometimes  claimed  to  be  a per- 
version of  justice,  and  a subversion  of  the  courts  to  un- 
righteousness. This  position  is  not  well  taken.  Every 
criminal,  of  whatever  t3^pe  or  grade,  must  have  a fair 
and  impartial  trial;  he  is  presumed  to  be  innocent 
until  proved  beyond  a reasonable  doubt  to  be  guilty. 
Not  to  give  him  such  trial,  with  all  the  helps  of  legal 
counsel,  would  not  secure  the  ends  of  justice.  Of 
course,  any  recourse  to  trickery  or  low  cunning  is  as 
despicable  here  as  elsewhere,  perhaps  more  so,  since 
so  sacred  interests  are  at  stake,  but  the  cause  of  tem- 
perance suffers  when  its  advocates  assume  untenable 
ground.  I may  say  here,  that  all  well-advised  at- 
tempts at  the  enforcement  of  existing  law,  is  good 
preparation  for  the  definite  work  of  securing  consti- 
tutional prohibition  ; and  the  more  the  features  of 
these  laws  and  the  legal  processes  of  the  courts  in 
their  enforcement  are  understood  b}^  the  masses  of 
the  people,  the  more  read}''  will  they  be  for  the  direct 
expression  qf  their  will  toward  the  whole  business. 
The  attitude  of  politicians  and  political  parties  toward 
legislation  in  the  interest  of  temperance  may  be 
studied  with  advantage.  The  almost  uniform  timidity 


Constitutional  Prohibition. 


55 


of  office-holders  and  office-seekers  (and  the  latter  in- 
cludes a large  and  influential  class  !)  is  significant  and 
suggestive;  indeed,  the  more  the  temperance  worker 
knows  of  the  traffic  and  its  relations  to  society  and 
society’s  relations  to  it,  the  better  is  he  qualified  to 
work  for  constitutional  prohibition.  Thorough  and 
systematic  organization  is  essential.  It  is  not  desir- 
able that  any  approved  line  of  work  be  abandoned 
that  this  be  taken  up  ; let  all  the  old  lines  go  on ; let 
various  organizations  pursue  their  own  methods — all, 
however,  uniting  in  one  central  organization  for  this 
only  purpose,  the  submission  and  adoption  of  the 
amendment.  It  is  well  to  call  this  a Prohibitory 
Amendment  Association,  or  Prohibitory  Alliance; 
it  matters  little  what  it  is  called,  but  it  does  matter 
that  it  shall  have  this  one  single  aim  in  view.  A 
financial  basis,  as  is  the  case  with  the  Alliance  in 
Michigan,  is  valuable.  This  obligates  each  member 
to  pay  a certain  specified  sum  annually,  which  sum 
is  appropriated  for  Amendment' work.  It  is  well  for 
Woman’s  Christian  Temperance  Unions  to  issue 
petitions,  for  general  circulation,  asking  the  Legis- 
lature to  submit  the  desired  amendment.  These 
petitions  were  circulated  with  good  results  in  Iowa. 
They  should  not  indicate  the  very  words  of  the 
amendment  desired,  but  should  ask  for  an  amendment 
prohibiting  the  manufacture,  sale,  etc.,  etc.  It  is 
better  to  leave  the  w'ords  of  the  amendment  to  the 
Legislature  which  votes  upon  it,  this  is  not  quite  so 
dictatorial — though  it  ought  not  to  be  so  considered 
■ — and  what  is  of  more  consequence,  it  leaves  less 
ground  for  argument  and  objection.  If  the  exact 
words  are  given  some  would-be  objector  will  say,  “ I 


56 


Constitutional  Prohibition. 


believe  in  the  thing,  but  I do  not  like  the  wording-  of 
the  article ; if  it  were  otherwise  I would  sign  it 
whereas  if  you  had  said  “ an  a])iendment  ” the  objector 
would  have  had  less  room  for  objection. 

At  the  Legislature,  when  the  proper  time  comes,  a 
wise  committee  should  present  the  amendment  which 
the  temperance  people  desire,  to  the  committee  of  the 
Legislature  having  the  amendment  in  charge.  Such 
a committee  is  sometimes  called  the  “Committee  on 
Amendments.”  The  wording  of  the  amendment  is 
of  great  importance,  and  sometimes  the  champions 
of  the  cause  choose  to  settle  upon  some  approved 
form,  and  make  the  battle  from  the  start  on  that.  Our 
friends  in  Pennsylvania  have  done  so.  It  may  work 
well  and  have  some  advantages  ; I think,  however,  the 
other  way  is  freer  from  objections  and  possible  hin- 
drances. The  object  of  the  circulation  of  popular 
petitions  is  not  only  to  affect  the  body  to  whom  they 
are  addressed,  but  to  stir  the  public  mind  to  a con- 
sideration of  the  subject  involved!  Let  a town  be 
districted  and  a dozen  women  start  out  to  get  signa- 
tures to  a petition  for  prohibition,  and  there  can  not 
fail  to  be  a general  stirrhig  of  dry  bones,  which  shall 
cause  some  to  rise  and  breathe  and  walk  forth.  Let 
the  persons  who  carry  the  petitions  be  sensible,  ear- 
nest men  or  women,  not  children  ; let  them  go  to  every 
budding — be  it  house  or  shop  or  store;  let  every  in- 
dividual over  the  required  age  be  asked  to  sign. 
Let  a few  petitions  be  left  in  places  of  common  re- 
sort, such  as  the  post-office  or  barber-shop,  to  catch 
the  signatures  of  those  who  might  otherwise  be  over- 
looked. I think  it  is  well  before  the  canvass  begins  to 
open  the  “ petition  campaign  ” by  a public  meeting  in 


Constitutional  Prohibition. 


57 


a church  or  hall.  Let  the  ministers  and  other  influ- 
ential persons  be  invited  to  address  the  meeting-,  to 
read  the  petition  and  to  explain  and  enforce  its  state- 
ments; in  this  way  the  work  may  receive  a valuable 
indorsement  and  impetus.  I consider  this  petition 
work  of  great  importance ; let  it  be  undertaken  with 
prayerful,  intelligent  zeal  and  it  can  not  fail  to  bear 
good  fruit.  While  this  work  is  going  on  let  temper- 
ance men  look  well  to  the  making  up  of  the  Legis- 
lature before  whom  the  petition  is  to  come.  Let  the 
primaries  and  caucuses  of  all  political  parties  be  at- 
tended by  temperance  men  in  these  parties,  and  let 
none  but  men  who  will  submit  the  desired  amend- 
ment, receive  nominations  for  members  of  the  Legis- 
lature. Do  not  insist  that  these  shall  be  prohibitionists, 
though  these  are  of  course  desirable,  but  let  the  test 
be,  “Will  you,  if  elected,  vote  to  submit  the  desired 
amendment  to  the  people  ? ” Ought  any  aspirant  for 
the  suffrages  of  the  people  to  object  to  this?  Ought 
he  to  say,  “ I want  the  votes  of  the  people  to  gain 
legislative  honors,  but  I will  not  in  turn  afford  the 
people  the  opportunity  to  express  their  will  in  consti- 
tutional law?’’  The  man  that  makes  such  a blunder 
will  not  be  likely  to  have  the  chance  to  repeat  his 
blunder. 

When  the  nominations  have  been  made  in  counties 
and  senatorial  districts,  or  at  any  time  when  the  con- 
ventions of  the  State  or  of  these  political  divisions 
(counties  and  distidcts)  are  held,  let  an  attempt  be 
made  to  have  the  party  commit  itself  by  resolution 
to  the  submission  policy—  not  to  prohibition  pure  and 
simple,  but  to  submission.  Let  every  effort  be  made 
to  keep  the  question  wholly  free  from  partisan  alii- 


58 


Constitutional  Prohibition. 


ances  ; let  it  not  be  a Republican  measure  or  a Demo- 
cratic measure,  but  a people’s  measure.  This  non- 
partisan character  is  more  easily  sustained  by  the 
participation  of  the  women  as  active  workers ; they 
having  no  political  existence,  must  neutralize  very 
much  what  might  otherwise  be  tinged. 

As  to  the  presenting  of  the  petitions  to  the  Legis- 
lature, I think  it  is  well  that  quite  early  in  the  ses- 
sion— a public  meeting  be  held  at  the  capital  city, — 
perhaps  in  the  Hall  of  Representatives,  if  that  is  de- 
sirable and  possible.  To  this  meeting  let  each  mem- 
ber of  the  august  law-making  body  be  invited  by 
personal  invitation,  either  verbal  or  written,  also  all 
state  officers  and  emplo3^ees,  and  lastly,  but  not  least, 
the  great  people.  Make  the  meeting  as  attractive  and 
enthusiastic  as  you  can,  have  flowers,  music,  flags, 
banners,  and  speakers  who  have  something  to  say.  Let 
the  petition  be  fully  set  forth,  and  also  the  dutv'  of 
the  Legislature  to  the  people — whose  servants  they 
are.  Let  this  formal  public  presentation  be  fully 
noticed  in  the  press  of  the  capital,  and  also  sent  to  as 
large  a number  of  the  country  papers  as  can  be 
reached. 

The  actual  presentation  of  the  petitions  to  the 
Legislature,  may  be  done  b}'  having  them  in  one  mass 
and  presented  b}"  one  member,  or  they  may  be  given 
to  the  several  members  whose  constituencies  have 
petitioned ; I think  the  latter  wa}’  the  better  one. 
The  right  of  petition  is  a constitutional  right,  and  no 
representative  will  dare,  — whatever  his  personal 
opinions — to  refuse  to  offer  in  the  proper  way,  what 
his  constituents  send.  The  reading  of  the  petitions, 
day  after  day,  the  veiy  sound  of  the  words  Woman  s 


Constitutional  Prohibition. 


59 


Christiayi  Temperance  Union,  is  educational ; it  may 
carr}^  convictions  of  duty  toward  the  constituency  of 
the  homes,  it  may  bring-  memories  of  ruin  wrought 
to  homes  through  intemperance,  it  may  thus  soften 
and  tender  the  hearts  of  the  men  who  will  be  called 
to  vote.  It  is  a right  and  proper  thing  to  do. 

The  proceedings  of  the  Legislature  should  be 
carefully  watched,  judicious  men  or  women,  or  both, 
should  be  at  the  capital,  and  by  personal  interviews 
inform  the  members  of  both  bodies  in  the  Legislature 
of  the  people’s  will.  This  work  is  wearisome  and 
sometimes  disagreeable,  but  somebody  must  do  it. 

If  the  Legislature  does  not  heed  the  prayer  of  your 
petition,  you  must  do  the  work  over  again;  not  feel- 
ing that  the  agitation  has  been  lost.  A brave  setting 
up  of  God’s  truth,  in  any  of  its  many^  manifestations, 
can  not  fail  to  accomplish  much  toward  its  final  tri- 
umph. Let  temperance  men  and  women  see  to  it 
that  every  legislator  who  voted  against  the  resolu- 
tion to  submit  is  elected  to  stay  at  home  in  the  future. 

If  the  Legislature  does  vote  to  submit,  and  it  goes 
directly  to  the  people  for  their  vote — or  even  if  the 
Constitution  requires  that  a second  Legislature 
should  ratify  the  action  of  the  first,  in  either  instance 
the  hand-to-hand  work  of  securing  the  popular  vote 
in  favor  of  the  amendment  should  be  rigorously  car- 
ried on.  If  a second  legislative  vote  is  needed,  the 
same  care  should  be  exercised  as  to  the  character  of 
the  men  who  make  up  the  body  as  was  exercised 
concei'ning  the  former  Legislature.  There  must  be 
no  “ let-up  ” anywhere  along  the  line. 

I desire  to  suggest  that  the  plan  of  registration 
adopted  in  Iowa  is  a most  excellent  one  for  the  other 


5o 


Constitutional  ProJiibitioyi, 


States.  I give  here  the  text  of  the  little  book  used 
there ; with  some  very  slight  changes  it  will  suit  the 
work  in  au)^  of  the  States.  This  personal,  individual 
work  is  absolutely  essential.  There  is  little  doubt 
that  Legislatures  will  submit  the  question — the  de- 
mand is  too  imperative  to  be  disregarded;  but  after 
submission  comes  the  vote  of  the  people,  and  the 
people  must  be  educated.  To  this  end 

CIRCULATE  TEMPERANCE  LITERATURE. 

There  is  no  one  means  so  effective ; indeed,  it 
is  vital  to  success.  Let  the  ministers,  the  public 
speakers,  the  circulators  of  petitions — let  every 
friend  of  the  cause  become  himself  well-armed  and 
equipped  with  facts,  figures,  and  arguments.  Re- 
member, knowledge  is  power.  You  have  no  right  to 
allow  the  golden  opportunities  afforded  by  the  tem- 
perance publications  of  the  present  day  to  go  un- 
improved. Every  department  of  science,  the  voice 
of  political  economy,  and  the  words  of  God’s  re- 
vealed will  are  with  us  in  this  conflict.  And  in  this 
multitude  of  voices— this  cloud  of  witnesses,  shall  we 
lie  asleep  or  sit  with  hands  hung  down,  or  wail  with 
pious  drawl,  “ O Lord,  bless  our  poor,  feeble  efforts  ! ” 
The  Lord  has  never  promised  to  bless  feeble  efforts 
that  are  thus  feeble  because  of  crkninal  negligence 
on  our  part.  Temperance  literature  is  cheap;  it  is 
within  the  reach  of  all ; it  is  an  undisputed  agency 
for  good  ; and  there  is  no  justifiable  excuse  for  failing 
to  use  it  in  this  work.  The  general  question  of  pro- 
hibition is  involved  in  this  new  phase  of  constitu- 
tional prohibition,  and  the  supply  of  literature  is 
almost  inexhaustible. 


Constitutional  Prohibition.  6i 

It  is  well  also  to  publish  as  campaign  literature  the 
speeches  of  prominent  men  in  the  State.  In  Iowa  the 
speech  of  Hon.  James  F.  Wilson,  U.  S.  Senator- 
elect,  was  spread  by  many  thousands,  and  was  very 
useful.  Who  can  estimate  the  value  of  Governor  St. 
John’s  printed  addresses  that  have  been  in  every 
home  west  of  the  Mississippi  and  in  thousands  in  the 
East?  While  reading  his  grand  utterances,  one 
seems  to  feel  the  beat  of  his  heart  and  to  see  the 
flash  of  his  eye,  and  to  believe  that,  like  Hiawatha, 

“ At  every  step  a mile  he  measures.” 

So  also  is  it  useful  to  gather  local  statistics,  show- 
ing the  relation  of  the  traffic  to  local  expenses.  Let 
the  criminal  record  of  the  county,  and  the  cost  of  in- 
sanity and  pauperism  be  set  over  against  the  miser- 
able pittance  received  from  license,  and  then  show 
the  deficit  on  the  side  of  the  traffic.  These  sent  to 
taxpayers  and  coming  so  near  home  will  be  the  best 
kind  of  eye-openers.  Let  every  newspaper  available  be 
pressed  into  the  service.  If  the  editor  will  not  him- 
self take  up  the  weapons  of  war,  he  will  perhaps  give 
space  to  a Woman’s  Christian  Temperance  Union, 
or  a Good  Templars’  Lodge,  or  an  Amendment  As- 
sociation, to  set  forth  the  discussion.  Be  sure  and 
keep  the  campaign  non-partisan.  In  Iowa  the  move- 
ment was  a sort  of  political  millennial,  for  former  po- 
litical foes  took  sweet  counsel  together  and  walked 
in  company. 

Draft  everybody  into  this  bloodless  war.  The 
young  men  will  find  this  a grand  theme  upon  which 
to  plume  their  early  oratorical  powers.  Let  them  go 
out  into  the  school-houses  in  the  rural  districts,  let 


62 


Constitutional  Pi'oliibition. 


them  introduce  the  question  into  their  debating 
societies.  The  duties  of  citizenship  shall  be  better 
borne  by  them,  because  of  the  consideration  of  this 
great  question,  and  its  relation  to  the  welfare  of  the 
State.  The  young  ladies  too;  let  them  bring  the 
beauty  and  the  freshness  of  their  life  into  this  holy 
crusade.  Let  them  write  essays  and  make  speeches, 
and  ask  voters,  and  sing  at  the  meetings,  and  beg 
money  or  raise  it  by  entertainments,  all  to  carry  on 
this  war— for  God  and  home  and  native  land.  And  the 
dear  children,  let  them  in  their  Bands  of  Hope  and 
Temperance  Schools,  along  with  their  Catechism  on 
Alcohol,  study  the  “ Amendment  Catechism,”  and 
thus  be  ready  to  help  in  the  common  cause.  The 
boys  and  girls  of  Iowa  did  their  full  share  of  the 
work  there.  So  the  faithful  temperance  worker, 
upon  whose  heart  the  burden  really  presses  will  in- 
vent ways  and  means,  according  to  local  conditions 
and  surroundings,  and  when  the  final  vote  shall 
come,  it  will  be  impossible  to  tell  what  has  helped 
the  most.  It  is  very  desirable  that  the  vote  shall  be 
at  a special  election,  called  for  that  purpose ; thus  its 
non-partisan  character  can  be  preserved.  If  the 
machinery  used  at  the  ordinar}"  election  be  in  opera- 
tion for  the  election  of  the  regular  tickets  of  the 
parties,  it  will  be  difficult  to  keep  the  amendment  free 
from  its  entanglements.  Some  of  the  State  Constitu- 
tions provide  that  the  vote  shall  come  “at  the  next 
general  election,,”  in  which  case  there  is  no  choice 
left.  But,  if  the  provision  on  Amendments  says,  “ in 
such  manner  as  the  legislature  ma}"  determ.ine,”  or 
words  to  that  effect,  then  temperance  people  should 
insist  on  its  being  called  on  a day  when  no  other 


Constititiional  Prohibit  ion. 


63 


questions  are  before  the  people.  Let  the  friends  of 
the  cause  use  care  in  the  choice  of  the  polling  places, 
officials  having  this  matter  in  charge  will  usually 
receive  suggestions,  if  given  by  proper  persons  and 
in  a proper  manner.  Let  existing  laws  in  regard  to 
the  closing  of  the  saloons  on  election  day  be  rigidly 
enforced.  Let  the  women  go  to  the  polls  ; let  them 
have  the  right  tickets  for  distribution,  let  them 
spread  lunches,  that,  so  the  common  table  with  the 
home  look  of  mother  and  sister  and  child,  may  keep 
this  home  constituency  in  hourly  remembrance. 
Let  decorations  of  mottoes  in  print  and  in  evergreens 
assist  the  eye  and  speak  to  the  heart.  Let  flowers 
and  music  and  home  influences  make  every  voting 
place  appear  to  be  what  in  truth  it  ought  to  be,  a 
shrine  upon  which  every  freeman  offers  the  sacrihfice 
of  his  loyal  sovereignty.  And  do  not  forget  the - 
prayer-meetings,  let  the  bells  ring  hourly  the  calls, 
and  from  the  opening  to  the  closing  of  the  polls  let 
the  fire  on  the  altars  of  religion  be  kept  burning, 
“ Them  that  honor  me,  will  I honor.”  To  the 
devout  student  of  history,  who  has  seen  God  all 
through  the  centuries,  working  out  his  vast  designs 
by  human  instrumentalities,  and  who  recognizes  in 
this  great  uprising  of  the  people  for  Constitutional 
Prohibition,  the  hand  of  God,  who  ever  leads  his 
people,  to  this  wise  temperance  worker,  I need  not 
enforce  this  plea  for  this  marked  recognition  of 
God’s  leading.  To  the  blind  toiler,  who  sees  only 
the  near  sorrowful  past,  and  the  approximate  bettered 
future,  and  who  does  the  best  he  can  within  these 
limitations,  do  I say — that  he  will  find  his  own  soul 
cheered — if  he  does  not  repel  the  influence — by  the 


64 


Constitutional  Prohibition. 


faith  of  the  pious  enthusiast,  who  has  “meat  to  eat 
he  knows  not  of.”  Yes,  by  all  means,  let  the  prayer- 
meeting be  held.  And  thus,  by  education  and  agita- 
tion, through  the  pulpit,  the  press,  the  temperance 
organization,  the  school,  the  home,  and  these  all 
baptized  with  prayerful  zeal,  with  pious  enthusiasm, 
thus  shall  the  much  desired  result  be  accomplished. 

“ ALCOHOLIC  BEVERAGES.” 

Has  any  one  questioned  why  I have  so  often  used 
the  term  “alcoholic  beverages”  instead  of  “intoxi- 
cating liquors  ”?  I consider  it  the  better  term  to  be 
applied,  because  it  is  complete  in  itself.  If  we  say 
“ intoxicating  liquors”  we  must  go  on  to  qualify  by 
the  words  “ as  a beverage,”  or  “ except  for  medicinal, 
mec+ianical,  or  sacramental  uses  ”;  these  are  clumsy 
forms  of  expression,  and  the  latter  raises  the  contro- 
versy of  the  use  of  alcohol  as  a remedial  agency,  and 
also  the  use  of  fermented  wine  in  the  commemora- 
tion of  the  Holy  Sacrament,  which  is  a sacred  rite  of 
the  Christian  Church.  These  questions  must  be  dis- 
cussed by  the  people  and  authorities  in  the  science 
of  medicine,  and  leaders  of  thought  in  the  Christian 
Church  are  dealing  with  these  subjects,  but  the  dis- 
cussion is  more  pertinent  to  the  moral  than  to  the 
legal  phases  of  the  temperance  question.  It  also  nar- 
rows much  the  arena  of  debate.  When  some  would- 
be  objector  says,  “I’m  against  the  amendment  be- 
cause we  need  alcohol  as  a medicine,”  we  can  reply, 
this  desired  legislation  does  not  interfere  with  its 
legitimate  use  as  a medicine,  it  says  “alcoholic  bev- 
erages’’'-, and  also  when  some  impious  man,  who  sud- 
denly assumes  a great  interest  in  the  institutions  of 


Constitutional  Prohibition. 


65 


the  Church,  says  he  is  opposed  to  the  amendment 
because  it  will  be  in  the  way  of  getting  communion 
wine,  his  objection  will  be  answered  by  the  distinct 
pronunciation  of  the  words  “ alcoholic  beverages.”  So, 
also,  the  term  “ liquor  crime  ” I consider  very  terse 
and  distinctive.  We  commonly  say  “ liquor  traffic,” 
with  a mental  reservation  that  we  mean  the  unlaw- 
ful trade  in  liquor,  that  is,  the  trade  in  it  for  beverage 
use ; but  when  the  term  licpior  crime”  is  used,  we 
define  just  what  we  mean,  and  educate  the  people  to 
consider  it  a crime.  I am  indebted  to  the  writings 
of  Hon.  G.  T.  Stewart,  of  Ohio,  for  this  suggestion. 
Again,  be  sure  always  to  remember  that  it  is  the 
manufacture  and  sale  about  which  we  legislate,  not 
the  use.  A confusion  of  terms  leads  to  a confusion 
of  ideas,  as  well  as  indicates  that  there  is  such  a con- 
fusion already  in  the  mind. 

The  user  of  alcoholic  beverages  comes  within  the 
domain  of  moral  influences — the  pledge,  the  temper- 
ance society,  the  persuasive  plea,  the  convincing 
argument.  The  trafficker  in  these  beverages,  being 
oblivious  to  these  influences,  or  impervious  to  their 
operation,  is  outside  this  domain,  and  within  that  of 
the  law,  thus  the  forces  of  civil  law  must  be  set  in 
motion  toward  him  and  toward  his  business. 


PETITION  TO  STATE  LEGISLATURE  TO  SUBMIT 
CONSTITUTIONAL  PROHIBITION. 


PETITION. 

The  Woman’s  Christian  Temperance  Union  of  the  State  of 
, to  the  Honorable  Senate  and  House  of  Rep- 
resentatives of  the  State  of , Greeting: 

Your  petitioners,  citizens  of  the  State  of  , do  respectfully 

set  forth,  that  intemperance  wastes  the  material  resources  of  the  State,  deso- 
lates its  homes,  and  debases  its  citizens ; that  intemperance  is  the  legitimate 
outg;rowth  and  universal  accompaniment  of  the  traffic  in  alcoholic  beverages ; 
we,  therefore,  in  the  name  of  G ,d  and  home  and  native  Itmd,  do  petition  your 

honorable  body  that  you  will,  i accordance  with  article  of  the 

Constitution  of  the  State  of , propose  an  amendment  to  the 

said  constitution,  which  shall  forever  prohibit  the  manufacture  of,  and  traffic 
in,  these  beverages. 


NAMES. 

VOTERS. 

WOMEN  OVER  21. 

MINORS  OVER  l6. 

Note. — Remember  that  the  object  of  popular  petitions  is  education  and  agitation.. 
Thus  taking  the  text  of  the  above  petition  it  will  be  seen  that  it  will  serve  as  notes  of 
a good  temperance  address.  Let  it  be  shown  how'  intemperance  “ affects  material  in- 
terest— affects  the  home,  affects  the  citizen,”  and  the  circulator  of  the  petition  and 
the  signer  of  it  will  both  be  educated.  Let  care  be  taken  to  keep  the  three  classes, 
” voters,”  ” women,”  and  ” minors,”  in  their  proper  places.  Also  put  a little  note 
at  the  head  of  the  petition,  stating  at  what  time  and  to  whom  the  petition  must  be 
returned. 


(66) 


PETITION  TO  A POLITICAL  CONVENTION. 


The  Woman’s  Christian  Temperance  Union  of  the  State  of 

, to  the  State  Convention  of  the 

party  in , Greeting ; 

Your  memorialists  do  respectfully  set  forth  that  they  are  an  organization  of 
women  citizens  of  the  State  ; that  they  are  engaged  in  Christian  and  philan- 
thropic work,  for  the  suppression  of  the  evil  of  intemperance ; that  their 
methods  are  well-known  and  approved,  being  chiefly  the  teaching  of  the  chil- 
dren as  to  the  real  nature  of  alcohol  and  its  effects  upon  the  human  system,  by 
the  introduction  of  text-books  on  this  subject  into  the  schools  supported  by  the 
State,  by  the  circulation  of  temperance  literature,  and  by  personal  effort  to  re- 
claim the  inebriate  and  to  comfort  and  support  his  family,  all  these  means 
tending  to  the  creation  of  a sentiment  which  shall  strongly  reprove  the  use  of 
all  alcoholic  beverages  by  our  citizens,  and  shall  not  tolerate  the  manufacture 
and  traffic  in  them  in  the  State.  In  these  efforts  we  are  constantly  hindered 
and  often  wholly  frustrated  by  the  traffic  in  these  beverages,  and  it  is  our  sin- 
cere conviction  that  this  traffic  might  be,  and  ought  to  be,  abolished  by  more 
stringent  laws  and  more  thorough  enforcement  of  the  same.  To  the  end, 
therefore,  that  the  Legislature  of  the  State  may  be  informed  of  the  people’s 
will,  and  thus  more  definitely  bound  to  enfoi'ce  the  same,  and  because  many 
members  of  the  Legislature  will  be  elected  on  a platform  of  principles  set  forth 
by  your  Convention,  we  do  most  earnestly  pray  you  to — by  resolution  of  your 
Convention — call  upon  the  Legislature  to  propose  and  submit — at  the  earliest 
possible  date — to  the  people  of  the  State  an  amendment  to  the  Constitution  of 
the  State,  forever  prohibiting  the  manufacture  and  sale  of  all  alcoholic  bever- 
ages. We  point  with  pride  to  the  recent  recognition  of  this  question  by  polit- 
ical parties  throughout  the  country,  and,  as  loyal  daughters  of  this  Republic, 
we  would  modestly  remind  our  political  leaders  of  the  historic  testimony  of 
American  politics,  that  the  people  do  not  long  adhere  to  a party  which  does  not 
listen  to  their  expressed  desire. 

Note. — The  above  petition  is  merely  suggestive.  It  maybe  presented  to  county, 
district,  or  State  conventions,  care  being  taken  to  have  blanks  filled  out  correctly,  and 
the  memorial  signed  by  representative  persons.  It  should  be  presented  by  a member 
of  the  convention  to  the  convention,  in  open  session,  or  by  some  committee  (of 
ladies  or  gentlemen)  to  the  Committee  on  Platform  and  Resolutions.  If  the  memorial 
is  presented  in  open  convention  and  referred  to  the  committee  above-mentioned, 
then  the  Temperance  Committee  can  call  upon  the  party  committee  and  enforce  their 
desire  concerning  the  memorial.  It  can  be  changed  to  suit  any  association. 

(67) 


68 


Constitutional  Prohibition. 


A little  Hand-Book  was  prepared  for  the  use  of  canvassers  in 
every  school  district,  and  we  herewith  print  a copy  of  the 
instructions  which  it  contains,  together  with  sample  pages  for 
list  of  voters,  summary  of  returns,  etc.  : 

This  little  book  is  prepared  and  sent  out  by  the  Department 
of  Legislation  of  the  Women’s  Christian  Temperance  Union. 
It  is  designed,  first:  to  show  the  present  sentiment  of  the  voters 
of  the  State  of  Iowa  toward  the  proposed  prohibitorj^  amend- 
ment ; second  : to  form  a basis  for  systematic  and  thorough  agi- 
tation and  education  concerning  the  movement ; third  : to 
facilitate  the  securing  of  a full  vote  on  election  day. 


THE  PROPOSED  AMENDMENT  TO  THE 
CONSTITUTION. 

“ Section  26.  No  person  shall  manufacture  for  sale,  sell  or 
keep  for  sale  as  a beverage,  any  intoxicating  liquors  whatever, 
including  ale,  wine  and  beer.  The  General  Assembly  shall  by 
law  prescribe  regulations  for  the  enforcement  of  the  provisions 
herein  contained,  and  shall  thereby  provide  suitable  penalties 
for  violations  of  the  provisions  thereof.” 

The  law  governing  Constitutional  Amendments  is  Sec.  1,  Art. 
X of  the  Constitution,  which  reads  as  follows  : 

“Section  i.  Any  amendment  or  amendments  to  this  Con- 
stitution may  be  proposed  in  either  house  of  the  General 
Assembly ; and  if  the  same  shall  be  agreed  to  by  a majorit}'  of 
the  members  elected  to  each  of  the  two  houses,  such  proposed 
amendment  shall  be  entered  on  their  journals,  with  the  yeas 
and  nays  taken  thereon,  and  referred  to  the  Legislature  to  be 
chosen  at  the  next  general  election,  and  shall  be  published,  as 
provided  by  law,  for  three  months  previous  to  the  time  of 
making  such  choice ; and  if  in  the  General  Assembly  so  next 
chosen  as  aforesaid,  such  proposed  amendment  or  amendments 
shall  be  agreed  to  by  a majority  of  all  the  members  elected  to 
each  house,  then  it  shall  be  the  duty  of  the  General  Assembly 
to  submit  such  proposed  amendment  or  amendments  to  the 
people,  in  such  manner  and  at  such  time  as  the  General  Assem- 
(68) 


Constitutional  Prohibition. 


69 


bly  shall  provide ; and  if  the  people  shall  approve  and  ratify 
such  amendment  or  amendments  by  a majority  of  the  electors 
qualified  for  members  of  the  General  Assembly  voting  thereon, 
such  amendment  or  amendments  shall  become  a part  of  the 
Constitution  of  this  State.” 


TO  COUNTY  PRESIDENTS. 

(or  persons  acting  in  their  stead.) 

Let  the  County  President  go  to  the  office  of  the  Auditor  in 
the  Court  House  at  the  county  seat.  There  she  will  find  poll- 
books  of  all  the  townships  and  voting  precincts  in  the  county, 
duplicates  being  with  township  clerks.  In  these  poll-books  will 
be  found  the  names  of  all  who  voted  at  the  last  election.  This 
is  not  a perfect  list  of  all  the  qualified  voters,  for  some  might 
not  have  voted  who  were  then  entitled  (the  Poll-book  of  the 
Presidential  Election  of  1880  contains  the  largest  list),  and  be- 
cause the  population  is  constantly  changing  ; but  it  is  a more 
accurate  list  than  can  be  obtained  from  any  other  source.  To 
supplement  this,  examine  the  census  returns  so  lately  taken 
(1880),  also  found  at  the  Auditor’s  office.  Among  the  minors 
there  will  be  some  who  have  attained  their  majority  since  the 
taking  of  the  census  ; these  should  be  added  to  the  poll-book 
list.  Also  let  search  be  made  for  new-comers,  and  as  to  their 
qualificatione  to  vote. 

From  the  Assessor’s  books,  also  with  the  County  Auditor, 
might  be  found  some  who  were  qualified  voters,  and  had  not 
voted,  who  might  also  be  added  to  the  list ; this,  however, 
would  involve  much  labor  and  inadequate  return  for  the  same. 
Therefore  the  examination  of  the  Assessor’s  books  / do  not 
recommend. 

After  the  names  have  been  copied  into  the  Amendment 
Register  Books,  the  voters  of  each  township  or  voting  precinct 
being  in  a separate  book,  with  the  name  of  the  township  or 
voting  precinct  written  in  the  same,  then  let  the  County  Presi- 
dent with  great  care,  and  as  far  as  possible  with  personal 
knowledge,  select  a person  or  persons  in  each  township  or  vot- 
ing precinct,  to  whom  the  books  shall  be  sent  with  instructions 


70 


Constitutioiial  Prohibition. 


to  peruse  carefully  the  directions  herein  given,  and  to  carry  out 
the  plan  proposed  with  conscientious  fidelity.  After  the  can- 
vass has  been  made  and  the  report  is  received  by  the  County 
President,  let  this  be  the  basis  for  general  supervision  of  fur- 
ther work  to  be  done  by  the  circulation  of  temperance  litera- 
ture, and  the  agitation  of  the  question  by  sermons,  lectures, 
and  public  meetings.  Let  her  make  a report  from  the  reports 
she  has  received  from  the  townships,  carefully  following  the 
plan  of  the  township  report,  and  send  the  same  to  me.  As  the 
voting  day  approaches,  let  her  by  consultation  with  true  and 
tried  men  and  women  select  a committee  of  three  persons  for 
each  polling  place,  one  of  whom  shall  be  the  holder  of  the 
Amendment  Register  Book,  and  one  or  more  of  whom  be 
gentlemen  who  shall  be  at  the  polls  on  election  day  early  and 
late,  with  at  least  two  conveyances  driven  by  staunch  tem- 
perance men,  who  shall  see  that  everj'-  qualified  elector — in 
favor  of  the  Amendment — has  convenient  facilities  forexpress- 
ing his  sentiments  at  the  ballot-box.  Let  the  books  be  finally 
returned  to  Mrs.  J.  Ellen  Foster,  Clinton,  Iowa,  to  be  kept  as 
permanent  temperance  documents  of  the  reform  in  Iowa. 

To  THE  Person  to  whose  Hand  this  Book  May  Come. 

Let  the  holder  of  this  book  study  all  the  forms  and  instruc- 
tions given  herein,  and  then  either  in  person  or  by  weil  chosen 
helpers,  find  out  how  all  the  voters  whose  names  are  on  the 
book  expect  to  vote  on  the  Amendment,  if  the  same  shall  come 
before  the  people.  These  voters  need  not  be  asked  to  sign  a 
pledge  that  they  will  do  so,  but  the  record  “ for,”  or  “ against,” 
or  “ doubtful,”  must  be  made  according  to  the  canvasser’s  best 
judgment  after  conversation  with  the  voter,  or  receiving  defi- 
nite information  from  any  other  source. 

This  canvass  will  involve  much  labor,  and  in  some  localities, 
large  cities  and  towns,  it  is  possible  that  holders  of  books  may 
be  unable  to  do  thorough  work  in  person,  or  by  gratuitous 
helpers,  and  may  deem  it  best  to  hire  some  competent  and 
faithful  temperance  man  or  woman  to  give  a few  hard  days’ 
work  in  this  direction  for  a moderate  compensation. 

Let  the  work  be  done  with  as  little  ostentation  as  possible. 


Cci  stitutio7ial  ProJiibition. 


n 


and  with  kindness  and  good  nature ; not  in  public  meetings 
after  stirring  appeals,  in  the  presence  of  numbers  of  persons, 
but  by  personal  appeals  at  home  or  shop,  or  plow  or  office. 
After  the  canvass  has  been  made,  let  the  holder  of  the  book  fill 
out  the  blank  reports  on  the  last  two  pages,  tear  out  one  and 
send  it  to  the  County  President  of  the  W.  C.  T.  U.  (or  person 
acting  in  her  stead),  keeping  the  duplicate  in  the  book.  This 
will  be  the  basis  for  the  selection  and  circulation  of  temper- 
ance literature  and  other  temperance  work.  To  illustrate  : 
Mrs.  Smith  canvasses  in  a little  town ; she  goes  to  Mr.  Brown, 
who  says  he  “ is  opposed  to  the  amendment,  because  saloons 
build  up  a town  and  make  business  ; he  owns  some  town  lots 
and  wishes  them  to  increase  in  value.”  Mrs.  Smith  makes  a 
mark  | in  the  column  headed  “against”  after  Mr.  Brown’s 
name,  and  under  the  head  “ memoranda  ” the  letter  “ A.” 

Again  : Mr.  Johnson  canvasses  in  a township  of  farmers  ; he 
talks  with  Mr.  Jones  as  he  rides  on  his  load  of  corn  which  he  is 
taking  to  the  nearest  R.  R.  station.  When  asked  how  he  will 
vote,  he  says:  “Well,  I am  against  the  Amendment;  it  will 
lower  the  price  of  corn.”  Mr.  Johnson  marks  | in  column 
“ against  ” and  the  letter  “A.” 

Mrs.  Thompson  goes  to  a good  man,  a*member  of  her  own 
church.  She  says  : “ Deacon  Bland,  how  will  you  vote  on  the 
Amendment  1 ” “ Well,  Mrs.  Thompson,  I have  no  sympathy 

with  drinking  or  with  saloons,  but  I have  serious  doubts  as  to 
whether  the  State  has  the  legal  right  to  interfere  with  men’s 
habits  and  customs.”  She  marks  | in  “ against  ” column  and 
letter  “ B.” 

Again  : Lawyer  White  goes  into  the  office  of  Messrs.  Quirk, 
Gammon  & Snap,  Attorneys  and  Counselors-at-Law.  He  says  : 
“ Gentlemen,  I’ve  called  to  see  how  you  stand  on  this  proposed 
Amendment.’’  Mr.  Quirk  replies ; “ Prohibition  may  be  all 
right  enough,  but  you  can’t  enforce  it.”  (Memoranda  “ C.”) 
Mr.  Gammon  responds  : “ Statutory  prohibition  rests  on  good 
legal  principles,  but  police  regulations  have  no  place  in  the 
Constitution.”  (Memoranda  “ F.’^)  Mr.  Snap  can  scarcely  wait 
until  the  others  have  finished,  and  says : “ I don’t  believe  in  it 
as  a subject  for  law  at  all.  It’s  a great  moral  question, 


72 


Constitutional  Prohibition. 


and  should  not  be  taken  into  politics.”  (Memoranda  “ G.”) 
These  three  will  vote  against  the  Amendment,  and  opposite 
their  names  should  be  marked  | in  “ against  ” column,  with 
memoranda  indicating  reason. 

Mr.  Schrader  is  visited  at  his  saloon  ; he  responds  to  the 
inquiry  that  he  believes  in  a judicious  license  law,  and  will  vote 
against  the  amendment.  (Memoranda  “ D.”) 

Mike  Mahoney  says  he  wants  his  drink,  and  don’t  propose  to 
vote  it  away.  (Memoranda  “ E.”) 

Key  to  Letters  Under  the  Head  “ Memoranda.” 


Will  hurt  business “ A ” 

Against  personal  liberty  (sumptuary  laws,  etc.) “ B ” 

Can’t  be  enforced “C” 

In  favor  of  license “ D” 

Wants  to  drink “ E ” 

Not  proper  subject  for  constitutional  law « p ” 

A moral  question  not  to  be  taken  into  politics  “ G ” 


There  will  found  at  the  end  of  this  book  a catalogue  of 
standard  temperance  books,  tracts,  pamphlets  and  periodicals 
for  circulation.  While  these  are  all  good  for  general  circula- 
tion, you  will  find  each  class  of  objections  specifically  answered. 
Yon  can  thus  “give  a portion  to  each  in  due  season.” 

Write  to  me  if  at  any  time  I can  help  you  in  any  way.  Cor- 
respond with  county,  district  and  State  officers ; ask  advice 
when  confronted  with  difficulties,  and  spread  the  cheer  when 
encouraged  by  successes. 

When  downcast,  pray  for  clear  spiritual  vision,  that  shall  re- 
veal the  “ mountain  full  of  chariots  and  horsemen.”  When  con- 
fident of  success,  remember  that  it  is  “ not  by  might  or  by 
power,  but  by  my  Spirit,  saith  the  Lord.” 

Things  to  be  Remembered. 

The  majority  vote  for  the  Amendment  must  come,  if  at  all, 
from  the  rural  districts,  and  in  these  must  the  larger  amount  of 
work  be  done. 


Constitutional  Prohibition. 


73 


All  helpful  agencies  and  opportunities  must  be  sought  out, 
temperance  men  and  women  must  hold  meetings  for  consulta- 
tion and  discussion,  and  to  answer  objections,  in  churches,  halls 
and  school  houses.  Ministers  of  the  gospel  are  always  ready  to 
give  advice  and  service,  and  school  teachers  may  be  influential 
for  good.  Every  one  that  has  a brain  to  think,  or  a heart  to 
feel,  a voice  to  speak,  or  money  to  give,  must  be  drafted  into 
the  service.  No  class  of  voters  must  be  omitted  in  the  canvass. 
It  must  not  be  taken  for  granted,  that  because  of  nationality  or 
personal  habits,  or  political  affiliation,  certain  voters  will  be 
opposed  to  the  Amendment.  Be  prepared  for  great  surprises, 
both  encouraging  and  discouraging. 

“ Knowledge  is  power,”  “ truth  is  mighty  and  will  prevail.” 
Thus  spread  the  truth,  circulate  literature.  There  is  not  an  ob- 
jection which  can  be  urged  against  the  movement  but  has  been 
answered  by  somebody’s  pen.  Don’t  allow  any  temperance  lit- 
erature to  lie  about  the  house  unused  ; circulate,  circulate,  agi- 
tate, agitate. 

The  question  of  finance  will  in  this,  as  in  all  public  work,  re- 
quire careful  attention.  Plans  should  be  adjusted  according  to 
the  local  needs  and  financial  circumstances  of  communities. 
Money  can  be  raised  by  collections  at  church  services,  at  public 
meetings,  by  private  solicitation,  by  “ Amendment  Socials,” 
by  “ Amendment  Suppers,”  by  “ Amendment  Fairs,”  by 
“ Amendment  Quilts,”  by  “ Amendment  Offerings  ” from  the 
herd,  the  flock,  the  granary  of  the  farmer,  and  from  the  butter, 
the  eggs,  the  cheese,  the  chickens  of  the  farmer’s  wife.  These 
can  be  collected  and  easily  converted  into  money.  The  money 
outlay  needed  will  be  very  small  as  compared  with  the  magni- 
tude of  the  work  done  and  the  glorious  results  to  be  achieved. 


TO  THE  CANVASSER. 


After  the  Summary"  has  been  made  out  on  the 
Blank  in  back  part  of  this  book,  make  otit  a duplicate  on 
the  last  and  opposite  leaf,  which  leaf  you  will  tear  out 
and  send  to  County  President. 


76 


Constitutional  Prohibition. 


CLASSIFIED  LIST  OF  VOTERS. 


NAMES  OF  VOTERS. 


Doubt’I 


Constitutio7tal  Prohibition. 


77 


Co. 


( Township  or 
( Voting  Precinct. 


RESIDENCE. 


MEMORANDA. 


78 


Constitutional  Prohibition, 


SUMMARY. 


r County, 

Name  of  ■<  Township 
( or  Precinct 

No.  of  Voters 

No.  of  Voters  for  Amendment 

No.  “ against  “ 

No.  “ doubtful 

No.  “ not  found 


No.  Churches 

No.  Temperance  Societies 

No.  Schools 

No.  Saloons 

No.  Breweries 

No.  Distilleries 

No.  making  objections  A. 


B 

C 

D 

E 


Other  memoranda 


Constitutional  Prohibition, 


79 


SUMMARY. 

! County,  ) 

Township,  ^ 

or  Precinct ) 

No.  of  Voters 

No.  of  Voters  for  Amendment 

“ “ against  “ 

“ “ doubtful 

“ “ not  found 

No.  Churches 

No.  Temperance  Societies 

No.  Schools 

No.  Saloons 

No.  Breweries 

No.  Distilleries 

No.  making  objections  A 

“ “ “ B 

“ “ “ C 

“ “ “ D 

“ “ “ E 


Other  memoranda 


8o 


Constitutional  Prohibition. 


The  following  are  among  the  resolutions  adopted 
b}'^  the  National  Convention,  which  assembled  at 
Saratoga,  June,  i88i,  with  350  delegates  from  25  dif- 
ferent States : 

ro.  “ Resolved.  That  we  re-state  the  affirmed  position  of  the  sev- 
eral National  Temperance  Conventions  that  the  absolute  legal  pro- 
hibition of  the  manufacture  and  sale  of  all  alcoholic  beverages  is 
the  only  legislative  remedy  for  the  evils  of  intemperance,  and  far- 
ther that  this  principle  ought  to  be  incorporated  in  the  organic  law 
of  all  the  States  of  this  nation,  and  to  this  end  we  urge  all  temper- 
ance people  to  unite  in  efforts  to  secure  such  State  constitutional 
amendments  as  shall  thus  embody  their  righteous  abhorrence  of 
this  iniquitous  traffic. 

II.  “Resolved,  That  the  citizens  of  the  several  States,  having 
ample  opportunity  to  observe  the  influence  of  the  liquor  traffic  upon 
the  health,  happiness,  and  welfare  of  the  people  in  their  respective 
counties  or  communities,  and  having  to  bear  the  burdens  which  it 
imposes,  should  at  least  have  the  power  to  prohibit  the  same  by  a 
submission  of  the  question  to  a popular  vote;  and  we  recommend 
this  measure  as  a wise  and  proper  one  to  be  adopted,  great  benefits 
having  already  been  proven  to  have  resulted  therefrom  where  it  has 
been  fairly  tested,  and  we  regard  this  practical  method  of  demon- 
strating the  benefits  of  prohibition  as  an  important  aid  in  the  secur- 
ing of  constitutional  prohibition. 

“ Whereas,  The  beer-brewers’  associations  and  kindred  liquor 
dealers’  organizations,  during  a score  of  years  past,  have  declared 
the  traffic  in  intoxicating  drinks  to  be  a legitimate  part  of  American 
commerce,  entitled  to  and  demanding  for  it  the  protection  of  law 
and  the  fostering  care  of  the  States  and  national  governments,  de- 
nying the  right  to  prohibit  or  restrict  the  same  ; have  yearly  avowed 
their  purpose  to  vote  for  no  man  who  favored  legislation  in  the  in- 
terests of  temperance,  and  constantly  have  used  their  political  fran- 
chise for  the  continuation  of  their  trade  ; in  the  past  have  received 
the  countenance  of  political  parties  in  support  of  the  positions  and 
selfish  interests  thus  assumed,  securing  through  such  aid  the  re- 
scinding of  constitutional  enactments  and  the  repeal,  modification, 
or  impairment  in  efficiency  of  acts  of  Congress  and  ot  the  States 


Constitutional  Prohibition. 


8i 


restrictive  of  their  business,  and  by  many  and  other  influences  have 
secured  the  election  of  friends  and  the  defeat  of  supposed  oppo- 
nents ; having  thus  deliberately  resolved  and  acted  by  the  consent 
and  co-operation  of  the  party  press  leaders,  they  have  forced  the 
liquor  question  into  national  and  State  politics,  making  their  traffic 
an  issue  in  State  and  municipal  elections,  and  have  in  their  interest 
largely  secured  the  administration  of  government  laws  ; therefore, 

12.  "Resolved,  That  the  interests  of  the  public  peace  and  wel- 
fare, the  defense  of  personal  liberty,  the  safety  and  protection  of 
home  with  faithfulness  to  avowed  convictions,  demand  from  the 
friends  of  temperance,  good  government  and  free  institutions,  the 
acceptance  of  this  field  of  contest  and  their  gauge  of  battle,  and 
this  convention  declares  it  to  be  the  duty  of  every  temperance  voter 
to  cast  his  ballot  at  every  election  only  for  such  candidates  for  pub- 
lic office  as  may  be  relied  upon  on  this  liquor  question  to  use 
official  power  and  place  for  securing  the  enactment  and  due  execu- 
tion of  law  for  the  prohibition  of  the  manufacture,  sale,  or  importa- 
tion of  alcoholic  liquors  for  drinking  uses. 

“ That  an  organized  ballot,  whether  under  the  name  of  Prohib- 
ition party,  or  for  securing  and  maintaining  amendments  of  the 
national  and  State  constitutions,  or  general  or  local  prohibition,  or 
the  restraint  of  the  liquor  trade,  in  view  of  the  platform  declarations 
of  present  parties  against  the  prohibition  of  such  trade,  and  of  the 
machinations  and  organizations  of  the  brewing,  distilling,  and 
liquor  selling  interests  for  political  ends,  has  become  a present  and 
imperative  necessity  in  order  to  purify  our  politics  and  legislation, 
and  save  our  free  institutions  from  the  blight  of  the  God-defying  and 
virtue-despising  liquor  business.  That  adhesion  to  party  allied 
with  liquor  manufacturers  and  sellers  is  to  give  aid  and  comfort  to 
the  enemy,  and  is  treason  to  temperance.  Prayer  and  the  ballot 
should  be  as  inseparable  as  faith  and  works. 

13.  "Resolved,  That  we  recommend  the  immediate  organization 
in  every  election  district  of  all  voters  favorable  to  the  prohibition  of 
the  liquor  traffic,  and  pledged  to  support  only  such  candidates  as 
will  accept  and  promote  the  constitutional  and  statutory  prohibition 
of  the  liquor  traffic.” 


82 


Constitutional  Prohibition. 


AMENDMENTS  IN  STATES. 

The  following  is  the  text  of  the  Constitutional 
amendments  so  far  as  they  have  been  adopted. 

KANSAS. 

“Proposition — Article  15  shall  be  amended,  by  adding  section  10 
thereto,  which  shall  read  as  follows : ‘ The  manufacture  and  sale  of 
intoxicating  liquors  shall  be  for  ever  prohibited  in  this  State,  except 
for  medical,  scientific,  and  mechanical  purposes.’  ” 

IOWA. 

“ No  person  shall  manufacture  for  sale,  or  sell,  or  keep  for  sale, 
as  a beverage,  any  intoxicating  liquors  whatever,  including  ale, 
wine,  and  beer.  The  General  Assembly  shall,  by  law,  prescribe 
regulations  for  the  enforcement  of  the  prohibition  herein  contained, 
and  shall  thereby  provide  suitable  penalties  for  the  violation  of  the 
provision  hereof." 


INDIANA. 

The  following  has  passed  one  legislature,  and 
must  be  also  approved  by  the  next,  before  it  is  sub- 
mitted to  the  vote  of  the  people  : 

Resolved,  By  the  General  Assembly  of  the  State  of  Indiana, 
That  the  following  amendment  be  and  is  hereby  proposed  to  the 
Constitution  of  the  State  of  Indiana,  to  be  submitted  to  the  vote  of 
the  Electors  of  the  State — viz.;  Article  17,  as  follows: 

“Sec.  I.  The  manufacture,  sale,  or  keeping  for  sale,  in  said 
State,  spirituous,  vinous,  malt  liquors,  or  any  other  intoxicating 
liquors  (except  for  medical,  scientific,  mechanical,  and  wines  for 
sacramental  purposes)  shall  be  and  are  hereby  prohibited  in  the 
State  of  Indiana. 

“ Sec.  2.  The  General  Assembly  of  the  State  of  Indiana  shall 
provide  by  law  in  what  manner,  by  whom,  and  at  what  place  such 
liquors  should  be  manufactured  or  sold  for  medical,  scientific,  and 
sacramental  purposes.” 


Constitutional  Prohibitio7i. 


83 


HOW  TO  AMEND  STATE  CONSTITUTIONS. 

Hon.  S.  D.  Hastings,  of  Wisconsin,  has  carefully 
prepared  the  following  account  of  the  various  meth- 
ods of  amending  State  Constitutions  : 

“To  amend  the  Constitutions  of  Alabama,  California,  Colora- 
do, Illinois,  Kansas,  Louisiana,  Maine,  Massachusetts,  Michigan, 
Mississippi,  Texas,  and  West  Virginia  the  proposed  amendment 
must  be  submitted  by  a three-fourths  vote  of  one  Legislature,  and 
then  go  to  the  people  for  ratification.  To  amend  the  Constitu- 
tions of  Arkansas,  Minnesota,  and  Missouri  the  proposed  amend- 
ment must  be  submitted  by  a majority  vote  of  one  Legislature. 
To  amend  the  Constitutions  of  Indiana,  Iowa,  New  Jersey,  New 
York,  Pennsylvania,  Oregon,  Rhode  Island,  Virginia,  and  Wis- 
consin the  proposed  amendment  must  be  submitted  by  a ma- 
jority vote  of  two  successive  Legislatures,  and  then  adopted  by 
a majority  vote  of  the  people,  except  in  Rhode  Island,  where  a 
three-fifths  vote  is  required  to  adopt.  In  Georgia,  Florida, 
Nevada,  and  South  Carolina  the  proposed  amendment  must 
pass  two  successive  Legislatures  by  a three-fourths  vote  before 
it  goes  to  the  people.  In  South  Carolina,  however,  the  second 
vote  in  the  Legislature  must  be  after  the  amendment  has  been 
passed  upon  by  the  voters.  In  Maryland,  Nebraska,  North  Car- 
olina, and  Ohio  a three-fifths  vote  of  one  Legislature  can  sub- 
mit an  amendment,  and  it  can  then  be  adopted  by  a majority 
vote  of  the  people.  In  Connecticut  an  amendment  must  be 
proposed  by  the  House  of  Representatives,  approved  by  a three- 
fourths  vote  of  the  succeeding  Legislature,  and  then  sent  to  the 
towns  to  be  ratified.  In  Delaware  an  amendment  must  be 
proposed  by  a three-fourths  vote  of  the  Legislature,  and,  after 
having  been  extensively  published,  ratified  by  a three-fourths 
vote  of  the  succeeding  Legislature,  when  it  becomes  a part  of 
the  Constitution  without  a vote  of  the  people.  In  Tennessee  it 
requires  a majority  vote  of  one  Legislature  and  a three-fourths 
vote  of  the  succeeding  one  to  submit  an  amendment,  when  a 
majority  of  the  people  adopts.  In  Vermont  an  amendment 
can  be  submitted  by  the  Council  of  Censors,  and  then  adopted 
by  a convention  called  for  the  purpose.  In  New  Hampshire  an 


84 


Constitutional  Prohibition. 


amendment  must  be  submitted  by  a convention,  and  adopted  by 
a three-fourths  vote  of  the  people.  In  Kentucky  the  Constitution 
can  only  be  amended  by  a convention  called  for  the  purpose.” 


GENERAL  PETITION. 

The  following  is  a general  form  of  petition  which 
can  be  used  in  any  State : 

To  the  Sejiate  and  Assemhty  of  the  State  of : 

The  undersigned,  adult  residents  of ^ Assem- 
bly District,  County,  respectfully  and  earnestly 

pray  your  honorable  body  to  adopt,  and  submit  for  ratification 
to  the  voters  of  the  State,  as  duly  and  legally  provided,  an 
amendment  to  the  State  Constitution,  to  forever  prohibit  the 
manufacture  and  sale  as  a beverage  of  all  intoxicating  liquors 
within  the  jurisdiction  of  this  State. 


CONSTITUTIONAL  AMENDMENT  ASSOCIATION. 

The  following  is  the  form  of  Constitution  adopted 
by  the  State  Amendment  Association  of  Iowa: 

PREAMBLE. 

Whereas,  The  evils  of  intemperance  are  still  existing  to  such  an  extent  in 
our  State  as  to  demand  of  all  classes  of  citizens  continuous  and  united  efforts 
for  their  suppression  ; and. 

Whereas,  Botli  moral  and  legal  forces  can  be  successfully  united  to  that 
end ; and, 

Whereas,  Prohibition  should  be  incorporated  in  the  organic  law  of  the 
State  as  the  Declaration  of  a Principle  by  the  people  ; and  should  be  supple- 
mented by  Legislative  enactments  enforcing  the  same  ; 

Therefore,  for  the  accomplishment  of  these  purposes,  we,  the  undersigned, 
hereby  associate  ourselves  together,  and  adopt  the  following 

ARTICLES  OF  INCORPORATION. 

I.  name  and  place. 

This  corporation  shall  be  known  as  the  State  Prohibitory  Amendment  Asso- 
ciation of  Iowa,  and  its  principal  place  of  business  shall  be  at  Des  Moines, 
Iowa, 


Constitutional  Prohibition. 


85 


II.  OBJECTS. 

The  objects  of  this  Association  shall  be  to  procure  the  submission,  adoption, 
and  enforcement  of  the  proposed  amendment  to  the  Constitution  of  Iowa,  pro- 
hibiting the  manufacture  and  sale,  within  this  State,  of  aU  intoxicating  liquors 
as  a beverage,  including  ale,  wine,  and  beer. 

III.  CAPITAL  STOCK. 

The  capital  stock  of  this  Association  shall  be  $100,000.00,  divided  into  one 
hundred  thousand  shares  of  $i  each,  with  a provision  for  honorary  member- 
ship by  the  payment  of  the  sum  of  $5  by  any  one  person,  but  certiGcates  of 
honorary  membership  shall  be  non-assessable. 

IV.  OFFICERS. 

The  officers  of  this  Association  shall  consist  of  a Board  of  Directors  of  one 
from  each  Congressional  district  in  the  State,  and  in  addition  thereto  the  Pres- 
ident or  chief  officer  of  each  State  Temperance  Organization  in  the  State,  and 
said  Board  of  Directors  at  their  annual  meetings  shall  annually  elect  from 
among  the  stockholders  a President,  a Vice-President,  a Secretary  and  Treas- 
urer, who  shall  hold  their  office  for  one  year,  or  until  their  successors  are  duly 
elected,  and  they  shall  perform  the  duties  usually  required  of  such  officers. 

V.  MEMBERSHIP. 

Any  person  may  become  a member  of  this  Association  by  subscribing  for  one 
or  more  shares  of  the  capital  stock,  and  the  payment  of  one  dollar  for  each 
share,  and  may  become  an  honorary  member  by  the  payment  of  $5.  The  pay- 
ment of  $25  by  any  one  person  at  one  time  shall  constitute  such  person  a life 
member,  and  he  shall  be  entitled  to  one  vote. 

VI.  MEETING. 

The  first  annual  meeting  of  this  Association  shall  be  held  at  the  same  time 
and  place  as  that  of  the  next  annual  temperance  jubilee,  and,  each  annual 
meeting  thereafter,  shall  be  held  at  such  time  and  place  as  the  President,  Vice- 
President,  Secretary  and  Treasurer  shall  designate  ; and  at  each  annual  meet- 
ing a full  report  of  all  the  doings  of  the  Directors,  and  other  officers  of  the  As- 
sociation, shall  me  made,  together  with  a minute  statement  of  the  collection  and 
disbursement  of  the  funds.  The  officers  shall  be  reimbursed  for  aU  their  nec- 
essary expenses  incurred  in  the  discharge  of  their  respective  duties. 

VII.  FUNDS. 

The  funds  of  this  Association  shall  be  placed  in  the  hands  of  the  Treasurer, 
who  shall  pay  them  out  upon  the  written  order  of  the  President,  countersigned 
by  the  Secretary,  and  they  shall  be  used  exclusively  for  the  purpose  of  procur- 
ing the  submission,  the  adoption,  and  the  enforcement  of  the  prohibitory 
amendment  to  the  Constitution  of  Iowa — 

First — By  aiding  the  thorough  organization  of  the  friends  of  the  proposed 
amendment. 


86 


Constitutio7ial  Prohibition. 


Second — By  the  circulatioin  of  temperance  literature  and  the  employment  of 
temperance  lecturers  and  organizers,  and  in  prosecuting  the  violators  of  law 
against  the  sale  of  intoxicating  liquors,  and  the  fulfillment  of  the  provisions  of 
these  articles  of  incorporation. 

VIII.  DIRECTORS. 

The  Directors  of  this  Association  shall  have  the  power  to  assess  the  capital 
stock  of  this  Association  any  amount  not  to  exceed  the  sum  of  $i  per  annum 
upon  each  share  of  stock,  and  may  declare  the  stock  of  any  member  forfeited 
when  the  assessment  made  thereon  shall  remain  unpaid  for  six  months  after  he 
shall  be  notified  of  such  assessment,  by  written  or  printed  notice  through  the 
mail,  by  the  Secretary  ; but  no  assessment  of  stock  shall  be  made  during  the 
first  year. 

IX.  PRIVATE  PROPERTY. 

The  private  property  of  the  stockholders  of  this  Association  shall  not  be 
liable  for  corporate  debts. 

X.  INDEBTEDNESS. 

This  Association  shall  at  no  time  contract  for  or  have  an  outstanding  and 
unpaid  indebtedness  exceeding  the  sum  of  $i,ooo. 

XI.  REMOVALS  AND  VACANCIES. 

The  Board  shall  have  power,  and  it  shall  be  its  duty,  to  fill  all  vacancies  that 
may  occur  in  the  Board,  and  on  failure  of  any  officer  or  member  of  the  Board, 
from  any  cause,  to  perform  his  duty,  the  Board  shall  have  power  to  remove 
him  and  supply  his  place. 

XII.  AMENDMENT. 

The  Constitution  or  By-Laws  may  be  amended  at  any  annual  meeting,  by  a 
majority  vote  of  the  stockholders  present  in  person. 


BY-LAWS. 

1.  EXTRA  MEETINGS. 

The  President  and  Secretary  shall  have  power  to  call  an  extra  meeting  of  the 
Directors,  upon  ten  days’  notice,  at  such  time  and  place  as  they  may  see  fit, 
but  the  call  must  state  in  general  terms  the  object  of  the  meeting. 

2.  TREASURER’S  BOND. 

The  Treasurer  of  the  State  Association  shall  give  a bond  in  the  penal  sum  of 
ten  thousand  dollars  for  the  faithful  performance  of  his  duties,  said  bond  to  be 
approved  by  tlie  President  and  Secretary  of  the  Association,  who  shall  hold 
said  bond  in  their  possession. 

3.  QUORUM. 

Five  Directors  are  necessary  to  constitute  a quorum  for  the  transaction  of 
business. 


Constitutional  Prohibition. 


87 


4.  MISCELLANEOUS. 

For  the  purposes  of  this  campaign  the  Directors  from  the  Congressional  dis- 
tricts shall  constitute  a State  Central  Committee,  who  shall  have  general  charge 
of  the  work  in  the  State,  and  who  shall  provide  for  the  organization  of  a 
County  Central  Committee,  of  not  less  than  three  in  each  county,  to  have 
special  charge  of  the  canvass  in  their  respective  counties,  and  one  of  the  mem- 
bers of  said  County  Committee  shall  be  Treasurer  thereof,  whose  duty  it  shall 
be  to  receive  and  disburse  all  funds  raised  within  his  county,  save  and  except  as 
provided  in  the  next  by-law. 

s.  CERTIFICATES  OF  STOCK. 

The  officers  of  this  Association  shall  prepare  certificates  of  stock  and  of  hon- 
orary and  life  membership,  which  certificates  shall  be  sold  by  or  through  the 
agency  of  the  district  Directors,  the  presiding  officers  of  the  County  Com- 
mittee, and  duly-accredited  temperance  lecturers,  and  organizers.  The  money 
received  for  such  certificates  of  stock  and  honorary  membership  shall  be  divided 
by  the  party  receiving  the  same,  and  paid  equally  to  the  Treasurer  of  the  State 
Association  and  the  Treasurer  of  the  county  where  raised. 

6.  AMENDMENT  ASSOCIATIONS. 

We  recommend  that  the  organization  of  amendment  associations  in  districts, 
counties,  torvnships,  and  school  districts  shall  be  carried  on  according  to  the 
Constitution  sent  out  by  the  State  Association  last  year  ; and  we  urge  all 
amendment  associations  in  the  State  to  heartily  further  the  objects  of  the  State 
Prohibitory  Amendment  Association,  of  which  they  are  considered  auxiliaries. 


VOTERS’  PLEDGE. 

The  following  is  a form  of  Voters’  Pledge  used  in 
the  State  of  Minnesota  : 

We,  the  undersigned,  do  severally  hereby  pledge  ourselves 
not  to  vote  for  any  person  to  be  a member  of  the  Legislature  of 
the  State  of  Minnesota,  which  is  to  meet  January,  1883,  who 
has  not  pledged  his  sacred  honor,  as  a man,  to  vote  in  the  Legis- 
lature assembled,  for  a bill  which  shall  submit  to  the  people  of 
this  State,  for  their  approval  or  rejection,  an  Amendment  to 
the  Constitution  of  the  State,  which  shall  prohibit  within  its 
bounds  the  importation,  manufacture,  and  sale  of  all  intoxi- 
cating liquors,  as  a beverage. 


88 


Constitutional  Prohibition. 


The  following  is  a Membership  Card  used  in  Alle- 
gheny County,  Pa.  : 


MEMBERSHIP  CARD. 

Coiistitutioiml  l^mniliranit  dissociation. 


Pa., 1 88 

I do  hereby  become  a member  of  the  Constitutional  Amendment  Association 
of  Allegheny  County,  and  pledge  my  assistance  to  elect  members  to  the  Legis- 
lature who  are  favorable  to  submitting  to  the  voters  of  the  Commonwealth  an 
Amendment  to  the  Constitution  prohibiting  the  manufacture  or  sale  of  Alco- 
holic Liquors,  as  a beverage. 

Name. 

Residence. 

Fiill  Mefuber,  $ 

Associate  Me77tber,  $ 


FORM  OF  CONSTITUTION. 

The  following  is  a form  of  Constitution  for  County 
and  Local  Councils  in  Indiana,  which  were  formed 
specially  for  Constitutional  Amendment  w-ork  : 

FORM  OF  CONSTITUTION  FOR  A COUNTY  TEM- 
PERANCE COUNCIL. 

ARTICLE  1. 

This  organization  shall  be  called  the  Temperance  Council  of 

County,  auxiliary  to  the  Grand  Temperance  Council  of  the  State. 

ARTICLE  11. 

Its  object  shall  be  the  thorough  organization  and  effective  work  for  combating 
intemperance,  and  securing  the  proposed  prohibitory  Constitutional  Amend- 
ment now  pending  in  the  State. 

ARTICLE  III. 

This  Council  shall  consist  of  its  officers  and  delegates  from  temperance  or- 
ganizations, churches.  Sabbath-schools,  neighborhoods,  and  all  other  persons 


Constitutional  Prohibition.  89 

who  will  pledge  themselves  to  the  objects  and  work  as  herein  set  forth,  by  sign- 
ing the  Constitution  and  assisting  in  its  work. 

ARTICLE  IV. 

The  officers  shall  be  a President,  one  Vice-President  from  each  to^vnship, 
ward,  or  voting  precinct,  a Corresponding  and  a Recording  Secretary,  and  a 
Treasurer,  who  shall  be  elected  semi-annually,  and  perform  the  duties  usual  to 

such  offices.  There  shall  be  an  Executive  Committee  of 

persons,  of  which  the  officers  shall  be  ex  officio  members. 

ARTICLE  V. 

There  shall  be  appointed  a special  committee  of  three  on  organization  for 
each  township,  of  whom  the  Vice-President  for  such  township  shall  be  chair- 
man. The  duties  of  such  committees  shall  be  to  consult  the  needs  of  their  re- 
spective townships,  and  proceed  at  once  to  the  establishment  of  some  one  or 
more  forms  of  temperance  organization  within  their  jurisdiction,  and  inaugu- 
rate such  plans  of  work  as  will  most  effectively  secure  a preponderance  of  or- 
ganized temperance  sentiment  therein.  The  chairman  shall  report  the  status 
of  the  work  at  each  meeting  of  the  Council,  or  oftener,  if  required  by  the 
Council  or  the  President. 

ARTICLE  VI. 

The  Council  shall  be  executive  in  character,  and  shall  in  no  way  interfere  with 
the  plans  or  distinctive  forms  of  work  of  any  temperance  society  whatever,  but 
shall  in  every  consistent  manner  contribute  its  energy  to  the  advancement  of 
all,  with  a view  to  establishing  such  forms  of  temperance  organization  in  every 
locality  as  its  citizens  may  prefer. 

ARTICLE  VII. 

The  meetings  of  the County  Council  shall  be  held  month- 

ly, at  such  time  and  place  as  it  may  vote,  or  as  may  be  appointed  by  the  Presi- 
dent and  Corresponding  Secretary,  and  in  different  parts  of  the  county  when 
practicable. 

The  regular  meetings and shall  be  the 

regular  semi-annual  meetings  for  the  election  of  officers. 

The  Executive  Committee  may  call  mass  meetings  whenever  and  wherever 
the  interests  of  the  work  require. 

ARTICLE  VIII. 

The  Corresponding  Secretary  shall  report  semi-annually  to  the  State  Cor- 
responding Secretary  of  the  Grand  Temperance  Council  the  names  of  officers, 
members  of  the  Executive  Committee,  and  township  or  ward  committees.  The 
Executive  Committee  shall  appoint  semi-annually  a financial  agent  to  collect 
funds  for  State  and  local  work,  according  to  the  State  financial  plan. 

ARTICLE  IX. 

Such  amendments  or  by-laws  may  be  adopted  at  regular  monthly  meetings 
as  may  be  deemed  necessary,  due  notice  having  been  given  at  the  previous 
monthly  meeting. 


90 


Constitutional  Prohibition. 


CONSTITUTION  FOR  A LOCAL  TEMPERANCE 
COUNCIL. 

ARTICLE  I. 

This  organization  shall  be  called  the  Temperance  Council  of 

auxUiaiy  to  that  of  the  county  and  State. 

ARTICLE  2. 

Its  object  shall  be  vigorous  and  effective  work  in  combating  intemperance 
and  securing  the  proposed  prohibitory  Constitutional  Amendment  now  pending 
in  the  State. 

ARTICLE  3. 

It  shall  consist  of  all  persons  who  will  pledge  themselves  to  the  work  as 
herein  set  forth,  by  signing  this  Constitution  and  assisting  in  its  labor. 

ARTICLE  4. 

Its  officers  shall  be  a President,  one  Vice-President  (one  for  each  ward  if  it  be 
a city  or  incorporated  town,  and  one  for  each  voting  precinct  outside  of  the  city 
or  town),  a Secretary,  a Treasurer,  and  an  Executive  Committee  of  five  per- 
sons, of  which  the  officers  shall  also  be  ex  officio  members  and  the  President 
shall  be  chairman. 

ARTICLE  5. 

Its  regular  meetings  shall  be  held  weekly  (or  semi-monthly,  or  monthly),  and 
such  other  meetings  shall  be  held  cis  the  Executive  Committee  or  the  Coimcil 

shcdl  determine  upon.  The  first  regular  meeting  in  and 

shall  be  the  semi-annual  meetings  for  the  election  of  officers. 

ARTICLE  6. 

There  shall  be  appointed  a-committee  of  three  in  each  ward,  district,  or  pre- 
cinct, of  which  the  Vice-President  for  such  ward,  district,  or  precinct,  shall  be 
chairman,  whose  duty  it  shall  be  to  inaugurate  such  form  of  temperance  work 
and  appoint  such  sub-committees  as  will  effectually  develop  and  utilize  aU  the 
latent  temperance  forces  within  the  jurisdiction  of  each.  No  temperance  or- 
ganization shall  be  interfered  with,  but  aU  shall  be  fostered  and  encouraged. 

A committee  on  programme  shall  furnish  interesting  exercises  for  the  meet- 
ings of  this  Council  when  desired,  and  such  other  committees  on  special  lines 
of  work  shall  be  appointed,  as  will  enable  the  Council  to  secure  a preponder- 
ance of  temperance  sentiment  within  its  jurisdiction. 

ARTICLE  7. 

Amendments  or  by-laws  may  be  enacted  by  a majority  vote  at  any  regular 
meeting,  due  notice  having  been  given  at  a previous  regular  meeting. 


CONSTITUTIONAL  AMENDMENT 
CATECHISM 


FOR  W.  C.  T.  U.,  BANDS  OF  HOPE,  AND  OTHER  TEMPERANCE 
WORKERS. 


Ques.  What  is  true  temperance  ? 

Ans.  The  proper  control  of  the  appetites. 

Ques.  What  is  the  rule  of  action  for  all  true  temperance 
people  2 

Ans.  Moderation  in  the  use  of  good  things,  total  ab- 
stinence from  bad  things. 

Ques.  What  is  the  duty  of  all  true  temperance  people  2 

Ans.  Their  duty  to  society  is  to  teach  what  they  prac- 
tice, and  to  pursue,  as  far  as  they  are  able,  approved  lines 
of  temperance  work.  It  is  their  duty  to  the  State  and 
nation  of  which  they  are  citizens,  to  labor  by  head  and 
heart  and  hand  for  the  entire  overthrow  of  the  manu- 
facture of  and  traffic  in  all  alcoholic  beverages. 

Ques.  What  do  you  mean  by  the  State  2 

Ans.  An  association  of  persons  under  one  govern- 
ment. In  this  book  it  is  used  to  distinguish  any  one  of 
the  “United  States.”  The  people  of  the  whole  United 
States  are  called  the  nation. 

Ques.  Has  the  State  a right  to  abolish  any  trade  or  busi- 
ness carried  on  by  its  citizens  2 

Ans.  Yes,  when  that  trade  or  business  injures  the 
people. 


(91) 


92  Constitutional  Amendine^it  Catechism. 

■ Ques.  How  does  this  business  injure  the  people  2 

Ans.  {a)  It  destroys  the  grain  that  God  intended  for 
food  for  man  and  beast,  (b)  The  use  of  alcoholic  beverages 
lessens  a man’s  ability  to  labor,  and  thus  to  be  himself 
a source  of  wealth  to  the  State,  (r)  It  produces  pauper- 
ism and  insanity,  vice  and  crime,  which  demoralize  the 
citizen  and  ruin  the  State,  {d)  The  care  of  the  idle,  the 
vicious,  the  insane,  the  poor,  the  criminal,  imposes  a 
burden  of  taxation  upon  the  industrious  and  sober, 
which  is  a usurpation  of  power  by  the  State,  {e)  The 
payment  of  taxes  is  legitimate,  and  every  member  of 
society  ought  thus  to  contribute  of  his  means  to  a com- 
mon fund,  which  shall  be  appropriated  to  the  common 
welfare,  and  to  care  for  the  unfortunate  poor,  the  af- 
flicted, and  the  aged  ; it  is  not  right,  however,  to  uphold 
a business  that,  for  its  own  benefit,  increases  these  bur- 
dens. This  the  liquor  traffic  does. 

Ques.  Hoes  the  State  now  atteinpt  to  control  this  traffic? 

Ans.  All  the  States  attempt  some  control.  These 
laws  are  called  local  option,  license,  tax,  or  prohibitory, 
according  to  the  manner  in  which  they  deal  with  the 
traffic. 

Ques.  How  are  local  option.,  license,  and  tax  laws  defective  ? 

Ans.  They  are  wrong  in  principle,  and  do  not  accom- 
plish the  desired  result. 

Ques.  How  about  prohibitory  laws  ? 

Ans.  They  are  right  in  principle  and  beneficent  in 
result. 

Ques.  What  is  the  best  form  of  prohibitory  legislation  ? 

Ans.  Constitutional  prohibition,  with  enforcing  stat- 
utes. 

Ques.  What  is  a Constitution  ? 

Ans.  {a)  It  is  the  organic  law  of  a State  or  nation.  A 
plan  of  government,  {b)  It  is  a statement  of  principles. 


Constitutional  Amendment  Catechism.  93 

an  agreement  of  mutual  obligations  by  which  the  people 
consent  to  be  governed,  (c)  It  divides  and  limits  the 
functions  of  government,  into  the  legislative,  the  judi- 
ciary, and  the  executive. 

Ques.  JV/io  makes  the  Constitution  of  a State  ? 

Ans.  The  people  of  the  State. 

Ques.  Why  do  the  people  make  it  2 

Ans.  Because  all  political  power  inheres  in  the  people. 
They  are  sovereign  in  a free  government. 

Ques.  How  do  the  people  make  it  ? 

Ans.  They  could  not  all  meet  together  in  a common 
place,  because  they  are  so  many ; so  they  choose  persons 
to  meet  in  a convention,  called  a Constitutional  Conven- 
tion ; these  persons  frame  what  they  term  a Constitu- 
tion. This  is  submitted  to  the  people  at  an  election 
called  for  that  purpose.  They  then  vote  upon  it,  and 
either  adopt  or  reject  it.  If  rejected,  the  people  call 
another  convention,  and  try  again  to  make  one  they  can 
agree  to  adopt.  If  adopted,  it  thus  becomes  the  voice 
of  the  people. 

Ques.  Of  all  the  people! 

Ans.  No  ; of  qualified  electors  only.  Paupers,  crim- 
inal idiots,  and  women  can  not  be  qualified  electors, 

Ques.  What  is  the  object  of  government! 

Ans.  The  protection  of  human  rights.  The  Declara- 
tion of  Independence  says  ; “ We  hold  these  truths  to  be 
self-evident,  that  all  men  are  created  free  and  equal,  en- 
dowed with  certain  inalienable  rights,  among  which  are 
life,  liberty,  and  the  pursuit  of  happiness.”  To  secure 
these  rights.  Governments  are  instituted  among  men. 

Ques.  Dees  the  Constitution  have  anything  to  do  with  the 
happiness  of  the  people  ! 

Ans.  The  perfection  of  a State,  and  its  aptitude  to 
fulfil  the  ends  of  society,  depends  upon  its  Constitution 


94 


Constitutional  A mendment  Catechism. 


Ques.  Can  a Constitutio7i  he  changed  ? 

Ans.  It  can.  The  same  power  which  made  can  change 
that  which  is  made. 

Ques.  Are  Co}istitiiiions  often  amended  1 

Ans.  Yes.  The  history  of  the  progress  of  a people  is 
written  in  its  Constitution,  and  it  must  ever  be  open  to 
recognize  the  advance  in  each  age.  The  “better  insti- 
tution of  rights,”  the  “broader  domain  of  freedom,” 
must  find  its  voice  in  the  Constitution. 

Ques.  What  are  proper  subjects  of  Cojistitutional  law  1 

Ans.  Interests  that  are  broad  and  general,  essential 
and  vital  to  the  whole  people. 

Ques.  What  are  statutes  ? 

Ans.  They  are  rules  and  regulations  made  for  enforc- 
ing the  letter  and  the  spirit  of  the  Constitution. 

Ques.  How  are  Constitutions  amended 2 

Ans.  Every  Constitution  provides  for  its  own  amend- 
ment. Sometimes  the  Governor  is  required,  at  certain 
times,  to  inquire  of  the  Legislature  if  the  people  desire 
the  calling  of  a Constitutional  Convention  ; or,  in  other 
States,  the  Legislature  may,  upon  its  own  motion,  or 
upon  the  petitions  of  a respectable  number  of  citizens, 
propose  an  amendment,  and  submit  the  same  to  the 
votes  of  the  people.  Sometimes  a two-thirds  vote  of 
one  or  two  successive  Legislatures  is  required  before  it 
reaches  the  people.  Sometimes  a majority  vote  of  the 
people  will  adopt  it,  sometimes  it  requires  a two-thirds 
vote.  These  steps  are  definitely  set  forth  in  each  Con- 
stitution, and  must  be  accurately  followed. 

Ques.  Who  jnakes  the  statutes? 

Ans.  The  Legislature. 

Ques.  What  is  the  Legislature? 

Ans.  A number  of  qualified  electors,  chosen  from  and 
by  the  people,  who  meet  at  the  capital  of  the  State  at 


Constitutional  Amendment  Catechism.  95 

certain  specified  times,  and  deliberate  upon  the  welfare 
of  the  people  and  their  needs  under  the  Constitution. 
The  result  of  their  deliberations  they  embody  in  statutes. 

Ques.  Are  statutes  always  just  and  good? 

Ans.  They  are  not.  Sometimes  lawmakers  are  igno- 
rant, sometimes  careless,  sometimes  wicked.  Sometimes 
a statute,  good  in  itself,  is  not  in  harmony  with  the  Con- 
stitution, and  then  is  declared  unconstitutional  by  the 
Supreme  Court ; or  sometimes,  perhaps,  a statute,  though 
bad  in  itself,  is  not  unconstitutional.  Thus  it  appears 
that  the  character  of  Constitutions  is  of  vital  importance 
to  the  welfare  of  the  people. 

Ques.  Do  Constitutions  enforce  themselves  ? 

Ans.  They  do  not.  They  set  forth  certain  rights,  but 
do  not  provide  means  of  securing  the  same,  or  penalties 
for  their  violation.  They  define  certain  wrongs,  but  do 
not  give  redress  against  those  wrongs. 

Ques.  To  what  source  must  we  look  for  the  enforcement  of 
the  Cofistitution? 

Ans.  To  the  Legislature  for  statutes  ; to  the  Courts 
of  law  for  an  application  of  them  to  specific  instances, 
and  to  the  Executive  for  carrying  out  the  same  upon  the 
person  or  thing  that  transgresses. 

Ques.  What  is  the  relation  of  Constitutions  and  statutes  to 
God's  law  ? 

Ans.  They  ought  to  be  in  harmony  with  it,  otherwise 
they  will  not  protect  human  rights. 

Ques.  Where  is  God's  law  concerning  governments  found  ? 

Ans.  In  the  Bible  and  in  national  development.  It  is 
called  the  moral  law. 

Ques.  What  is  meant  by  the  moral  law  ? 

Ans.  The  law  by  which  we  know  what  is  right  and 
what  is  wrong. 

Ques.  What  are  the  sanctions  of  God's  laws  ? 


96  ConstiUltioyial  Amendment  Catechism. 

Ans.  Anything  which  is  for  our  good,  or  for  others’ 
good,  God  permits  us  to  do,  to  have,  or  to  be,  and  it  is 
right,  morally  right  ; but  anything  which  hurts  us,  or 
our  neighbors,  God  forbids  us  to  do,  to  have,  o-r  to  be, 
and  it  is  wrong,  morally  wrong. 

Ques.  Ca7i  a7iything  which  is  contrary  to  God’s  law  ever  be 
made  7'ight  by  huma7i  law  ? 

Ans.  It  can  never  be  morally  right ; the  Bible  calls 
these  unrighteous  decrees. 

Ques.  What  are  so7ne  of  these  which  existed  hi  former 
times  ? 

Ans.  Protection  of  duelling,  lotteries,  and  African 
slavery. 

Ques.  What  unrighteous  laws  now  disgrace  our  people  I 

Ans.  Gambling  and  liquor-license  laws,  and  some 
others. 

Ques.  How  do  we  know  these  are  imrighteous  laws  ? 

Ans.  They  prove  themselves  to  be  such,  for  they  do 
not  make  the  people  good  and  happy  who  do  just  what 
the  law  allows. 

Ques.  Does  the  Bible  speak  co7icer7ii7ig  liceTise  a7id  tax  laws  ? 

Ans.  It  says,  “Woe  to  him  that  giveth  his  neighbor 
drink,  that  puttest  thy  bottle  to  him  and  makest  him 
drunken  also.”  “Woe  to  him  that  buildeth  a town  with 
blood  and  establisheth  a city  by  iniquity.”  The  Gospel 
rule  of  love  certainly  condemns  liquor-selling.  The  law 
ought  to  be  a “ terror  to  evil-doers  and  a praise  to  those 
who  do  well.” 

Ques.  How  do  te77ipera7ice  people  desire  the  Co7istitutions  of 
the  States  a77ie7ided  ? 

Ans.  By  putting  in  provisions  forever  prohibiting  the 
manufacture  and  sale  of  all  alcoholic  beverages,  and  in- 
structing the  Legislature  to  pass  enforcing  statutes. 


Constitutional  Amendment  Catechism.  97 

Ques.  Why  is  Constitutional  Prohibition  better  tha7i  mere 
statutes  2 

Ans.  It  is  more  permanent  and  dignified,  and  compels 
the  enactment  of  statutes.  It  takes  the  question  out  of 
party  politics,  and  gives  it  to  the  people.  After  the 
people  have  spoken  through  the  Constitution,  all  parties 
must  respect  their  will. 

Ques.  Why  do  Constitutions  compel  enforcing  statutes  ? 

Ans.  Because  every  member  of  a Legislature,  before 
he  takes  his  seat,  takes  an  oath  to  defend  the  Constitu- 
tion and  the  law. 

Ques.  How  have  the  people  been  forced  to  a consideration 
of  Constitutional  P rohibitio7i  ? 

Ans.  The  criminal  classes  of  the  great  cities,  and  the 
careless  voters  everywhere,  have  elected  men  to  the 
Legislature  who  have  neither  feared  God  nor  regarded 
man.  They  have,  by  definite  purpose  or  criminal  negli- 
gence, allowed  the  traffic  to  intrench  itself  among  the  in- 
stitutions of  society.  They  have  disregarded  the  claim 
of  the  women  and  children  to  be  protected  from  the 
traffic.  This  condition  of  things  has  grown  so  grievous 
that  it  can  no  longer  be  endured,  and  the  people — such 
as  can  vote — are  rising  in  righteous  indignation,  and  are 
sweeping  the  traffic  in  alcoholic  beverages  from  the 
State  and  from  the  nation. 

Ques.  Ca7i  wo77ie7i  a7id  childre7i  do  a/iythvig  to  help  in  so 
glorious  a work  2 

Ans.  They  can,  for  the  love  of  God  and  home  and 
native  land,  work  and  sing  and  pray  for  the  amendment. 
They  can  circulate  petitions  ; they  can  spread  temper- 
ance literature;  they  can  themselves  study  the  subject 
so  as  to  be  intelligent  teachers  ; they  can  use  whatever 
influence  they  have  of  time,  talent,  and  money  in  carry- 
ing on  the  general  work,  and  in  the  “ Harvest  Home  ” 
all  shall  rejoice  together. 


98  Constit7itio7ial  Ame^idinent  Catechism. 

es.  How  can  the  whole  nation  be  saved  from  the  traffic  I 

Ans.  When  three-quarters  of  the  States,  having  driven 
the  traffic  from  their  own  borders,  or  desiring  to  do  so, 
shall  vote  to  amend  the  Constitution  of  the  United 
States,  it  can  then  be  made  to  prohibit  the  importation, 
manufacture,  and  sale  of  all  these  liquors  in  any  place 
over  which  the  flag  floats. 

Ques.  Is  the  National  Constitution  amended  in  the  same 
manner  as  the  State  Constitutions  are  I 

Ans.  Very  nearly  in  the  same  way.  Congress  sub- 
mits the  question  to  the  Legislatures  of  the  States,  not 
to  all  the  people  of  the  States.  When  two-thirds  of 
these  adopt,  then  it  is  done. 

Ques.  Has  any  effort  been  made  in  this  direction  ? 

Ans.  The  National  Temperance  Societ}"  and  thft 
Woman’s  National  Christian  Temperance  Union  have 
for  years  been  petitioning  for  such  an  amendment.  In 
December,  1876,  the  Hon.  Henry  W.  Blair,  of  New 
Hampshire,  then  a Congressman,  introduced  into  the 
House  of  Representatives  a joint  resolution  proposing 
an  amendment — on  this  subject — to  the  Constitution  of 
the  United  States.  He  has  since  introduced  the  same 
amendment  into  the  Senate,  being  now  a member  of 
that  body. 

Ques.  Has  Congress  now  any  control  over  the  traffic  ? 

Ans.  It  has  exclusive  control  in  the  District  of  Colum- 
bia and  the  Territories.  It  might  banish  the  entire 
traffic  from  these  parts  of  the  country.  It  also  imposes  a 
revenue  tax  upon  the  business  everywhere.  This  is  wrong, 
and  ought  to  be  abolished.  It  is  blood-mone3q  and  it  is 
written,  “ Sin  is  a reproach  to  any  people  ; and  blessed 
is  that  people  whose  God  is  the  Lord,  who  have  respect 
unto  His  Commandments,  and  keep  His  law,  because  it 
is  not  a vain  thing  for  them.  It  is  their  life.” 


Constitutional  Amendment  Catechism. 


99 


Ques.  JFhat  reason  have  we  to  believe  Constihitional  Pro- 
hibitio?i  will  yet  prevail  in  all  our  great  coimtry  ? 

Ans.  It  is  written,  “ Every  plant  that  my  Heavenly 
Father  hath  not  planted  shall  be  rooted  up.” 


“We  take  with  solemn  thankfulness 
Our  burden  up,  nor  ask  it  less, 

And  count  it  joy  that  ev'en  we 
May  suffer,  serve,  or  even  wait  for  Thee, 
Whose  will  be  done  ! 

“ If  for  the  age  to  come,  this  hour 
Of  trial  have  vicarious  power. 

And,  blest  by  Thee,  one  nleasant  pain 
Be  Liberty’s  eternal  gain. 

Thy  will  be  done  ! 

“ Strike,  Thou  the  Master,  we  Thy  keys. 
The  anthem  of  the  destinies  ! 

The  minor  of  Thy  loftier  strain. 

Our  hearts  shall  breathe  the  old  refrain. 
Thy  will  be  done  ! ” 


i-  v 


i 


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